HomeMy WebLinkAbout2018.06.11 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
6:00 p.m.
June 11, 2018
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
3 - 14 (a) Inclusivity Commission Interviews
15 - 16 (b) Comprehensive Plan Update (MF # CPA 2018-001)
17 - 67 (c) Interlocal Agreement for Benton County Emergency Services (Bi-
County Emergency Dispatch Services)
68 - 74 (d) Complete Streets Policy Ordinance
75 - 79 (e) Six-Year Transportation Improvement Program 2019-2024
80 - 84 (f) Draft Council Goals for 2018-2019
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
REMINDERS:
1. 11:45 a.m., Monday, June 11, Pasco Red Lion – Pasco Chamber of Commerce
Membership Luncheon. (Speaker: Rebekah Woods, CBC President)
2. 7:00 a.m., Thursday, June 14, Cousin’s Restaurant, Pasco – BFCG Tri-Mats Policy
Advisory Committee Meeting. (COUNCILMEMBER RUBEN ALVARADO,
Rep.; PETE SERRANO, Alt.)
3. 7:00 p.m., Thursday, June 14, Transit Facility - Ben-Franklin Transit Board
Page 1 of 84
Workshop Meeting June 11, 2018
Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER RUBEN
ALVARADO, Alt.)
4. 11:30 a.m., Friday, June 15, El Chapala, 107 E. Columbia Drive, Kennewick –
Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER
BLANCHE BARAJAS, Rep.; COUNCILMEMBER RUBEN ALVARADO, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 2 of 84
AGENDA REPORT
FOR: City Council June 4, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 6/11/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Inclusivity Commission Interviews
I. REFERENCE(S):
Resolution No. 3820
Resolution No. 3828
Applications (12) (Council only)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Council to conduct interviews with candidates for Inclusivity Commission:
1. Jesse Campos
2. Michael Cordy
3. Fred Nimmo
4. Joel Nunn
5. David Phongsa
6. Abraham Regunta
7. Peter Rieke
8. Jeffrey Robinson
9. Kyle Saltz
10. Delia Tobon
11. Maria Torres Mendoza
12. Edison Valerio
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Council approved Resolution No. 3820, creating the Inclusivity Commission in
February, 2018. The Charter (Resolution No. 3828) for the Commission was
approved by Council in April 2018.
The Commission is to be composed of seven members appointed by the
Mayor and ratified by the Council. The chairperson of the Commission is to be
Page 3 of 84
selected by the Council as well.
Terms of the members are to be for one (1) year, subject to reappointment.
The Commission itself is slated to lapse February 20, 2020, but may be
extended by majority vote of the Council.
The Commission is intended to be advisory to the City Council and is to be
charged to work toward the following goals:
1. Examine the practices and procedures of the City of Pasco to identify
strategies to create a greater feeling of inclusion and welcoming for all
who live and work in Pasco.
2. Engage with Pasco residents, interest groups, and businesses, seeking
feedback on their experiences that can improve life in our community.
3. Identify strategies that help the City to be more inclusive in engaging our
residents and businesses that will better promote unity, equality and
understanding in Pasco.
4. Identify funding strategies to implement these goals.
5. Provide the City Council with a report on opportunities to recognize and
celebrate Pasco’s diverse culture.
6. Present recommendations to the Pasco City Council on how to achieve
the goals above.
V. DISCUSSION:
The screening committee has recommended 12 candidates for interviews.
After conduct of interviews at the June 11 Workshop meeting, it is proposed
that appropriate appointments be made by the Mayor, subject to confirmation
by the Council, at the June 18 Business meeting. Council may wish to
designate a chairperson at that time also.
Page 4 of 84
RESOLUTION NO . .3~z.D
A RESOLUTION of the City of Pasco, Washington establishing an
Inclusivity Commission to provide recommendations to the City Council for
implementation by staff for City-wide inclusivity improvements.
WHEREAS, the City of Pasco has historically been the home for diverse cultures within our
region, creating its unique character and opportunities, as well as a source of pride for all who live
here; and
WHEREAS, the City Council of the City of Pasco desires to protect and encourage our
diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be
free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a
welcoming and inclusive City, where laws apply equally to all who live here, and where individuals,
families and businesses are welcome; and
WHEREAS, the City Council of the City of Pasco is honored to serve the entire community,
and seeks to provide equal protection to our residents and access to all of the City's services to those
that live here; and
WHEREAS, Article I, Section I of the Washington Constitution declares that "governments
derive their just powers from the consent of the governed, and are established to protect and maintain
individual rights"; and
WHEREAS, the Washington State Legislature has established the "Washington Law
Against Discrimination" which declares the "right to be free from discrimination because of race,
creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation,
or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or
service animal by a person with a disability is recognized as and declared to be a civil right"; and
WHEREAS, the Pasco City Council, by oath, declares to uphold and support the
Constitution and laws of the State of Washington, and hereby reaffirms its support to· do so for equal
benefit of all those who live here; and
WHEREAS, the Pasco City Council, to advise it in meeting these goals and responsibilities,
desires to create an ad hoc Inclusivity Commission;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
Section 1. Declaration of City Council. The City of Pasco is hereby declared to be an
Inclusive City, committed to embracing diversity and promoting equality among our work force,
residents, businesses, and visitors and, hereby establishes an ad hoc Inclusivity Commission to
provide recommendations to the City Council for implementation by staff for City-wide inclusivity
improvements.
Section 2. Establishment of Pasco Inclusivity Commission. The City Council hereby
establishes a citizen ad hoc commission to be known as the "Pasco Inclusivity Commission." The
City Council further directs the City Manager to develop a charter for the Pasco Inclusivity
Inclusivity Commission Resolution
Page 1
Page 5 of 84
Commission to be submitted to the City Council for adoption within sixty (60) days of the date of the
passage of this Resolution.
Section 3. Mission of Inclusivity Commission. The primary mtsston of the Pasco
Inclusivity Commission is to assist the Pasco City Council in promoting inclusivity in Pasco. The
Commission shall conduct such activities, including public hearings, to identify means to promote
and embrace diversity and inclusivity and to make such recommendations to the City Council for
action, education, and guidance to foster an environment that includes, accepts, respects and
appreciates all members of our community.
Section 4. Selection of Inclusivity Commission. The Pasco Inclusivity Commission shall
consist of seven (7) voting members. The Mayor shall appoint the members of the commission with
confirmation of the appointments by the Pasco City Council as follows:
1. The Commission Chairperson shall be selected by the City Council who shall conduct the
meetings of the Commission and report to the Pasco City Council as requested or
provided below.
2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the
Chairperson in absence of the Chairperson.
3. In appointing members of the Commission, the City Council will strive to select such
members to represent the general City population in age, gender, race, ethnicity, sexual
orientation and national origin.
4. The term for service shall be one (1) year, and may be subject to reappointment.
5. The commission members or vacancies shall be in accordance with PMC 2 .58.010.
6. The majority rule shall control commission meetings with each member having a single
vote.
7. Commission members may not assign or grant proxies for their voting rights.
8. The City Council may appoint a City Councilmember to serve as a non-voting liaison to
the commission. The City Council may direct the City Manager to appoint a staff advisor
who shall serve as a non-voting liaison to the commission.
Section 5. The Commission. The requirements of the commission will be as follows:
1. Meet one time per month at the date and time determined by the commission, or more
often as may be necessary.
2. Develop a working plan and procedures in accordance with the Council adopted Charter.
3. Report to the City Council as progress occurs; however, not less than an annual report to
the City Council.
4 . All Commission Meetings shall be open to the public.
Inclusivity Commission Resolution
Page 2
Page 6 of 84
5. All Commission members must be residents who have lived within the Pasco City limits
for at least one (1) year, or have a currently licensed business, operating within the City.
6. The Commission will issue special reports at the request of the City Council at any time
during its sitting.
7. The Commission will be an advisory board to the City Council.
Section 6. Goals of Inclusivity Commission. The goals of the Pasco Inclusivity
Commission are as follows:
1. Examine the practices and procedures of the City of Pasco to identify strategies to create
a greater feeling of inclusion and welcoming for all who live and work in Pasco.
2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their
experiences that can improve life in our community.
3. Identify strategies that help the City to be more inclusive in engaging our residents and
businesses that will better promote unity, equality and understanding in Pasco.
4. Identify funding strategies to implement these goals.
5. Provide the City Council with a report on opportunities to recognize and celebrate
Pasco's diverse culture.
' 6. Present recommendations to the Pasco City Council on how to achieve the goals above.
Section 7. This Commission shall expire within twenty-four (24) months of the date of
this Resolution unless extended by a majority vote of the Pasco City Council no less than ninety (90)
days prior to the date of expiration. If so extended, the term shall be extended by such period as
determined by the City Council.
Section 8. Effective Date. This Resolution shall be effective upon approval.
PASSED by the City Council of the City of Pasco this 20th day of February, 2018.
CITY OF PASCO
4t77r~
Matt Watkins, Mayor
ar eu L;/dli_,~r:b «}
Daniela Enckson, City Clerk
APPROVED AS TO FORM:
~~ t?and. rr, City Attorney
Inclusivity Commission Resolution
Page 3
Page 7 of 84
RESOLUTION NO.3 ,Z41
A RESOLUTION of the City of Pasco, Washington, adopting a Charter for
the City of Pasco Inclusivity Commission.
WHEREAS, at the February 20, 2018 meeting, the City Council approved Resolution No.
3820, establishing an Inclusivity Commission to, "provide recommendations to the City Council for
implementation of City-wide inclusivity improvements"; and
WHEREAS, per Resolution No. 3820, the City Manager is directed to prepare and submit
for City Council for consideration, a Charter for the Inclusivity Commission within sixty days of the
passage of the resolution; and
WHEREAS, the Council has considered the Charter and determined to adopt it for the
guidance of the Inclusivity Commission; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
Section 1. The Charter for the Pasco Inclusivity Commission, attached as Exhibit A, is
hereby adopted and approved.
Section 2. The City Manager is directed to provide for publication and distribution of
the Charter as needed.
PASSED by the City Council of the City of Pasco, Washington, this 2nd day of April, 2018.
Matt Watkins, Mayor
ATT.ST: APPR AS TO FORM:
JL. L LLQ .41 Il gyp
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 8 of 84
CHARTER OF THE
PASCO INCLUSIVITY COMMISSION
ARTICLE I
Establishment and Name
Section 1.0 —Establishment. By Resolution No. 3820, the Pasco City Council has provided for
the establishment of the Pasco Inclusivity Commission hereinafter referred to as the
Commission."
ARTICLE II
Mission and Goals of Commission
Section 2.1 —Mission. The primary mission of the Pasco Inclusivity Commission is to assist the
Pasco City Council in promoting inclusivity in Pasco. The Commission shall conduct such
activities, including public meetings, to identify means to promote and embrace diversity and
inclusivity and to make such recommendations to the City Council for action, education, and
guidance to foster an environment that includes, accepts, respects and appreciates all members of
our community. The Commission will be an advisory board to the City Council.
Section 2.2 — Goals and Work Plan. The goals and work plan of the Pasco Inclusivity
Commission are as follows:
1. Develop a working plan and procedures in accordance with this Charter.
2. Examine the practices and procedures of the City of Pasco to identify strategies to
create a greater feeling of inclusion and welcoming for all who live and work in
Pasco.
3. Engage with Pasco residents, interest groups, and businesses, seeking feedback on
their experiences that can improve life in Pasco.
4. Identify strategies that help the City to be more inclusive in engaging residents and
businesses that will better promote unity, equality and understanding in Pasco;
including the preparation of a report for the City Council on opportunities to
recognize and celebrate Pasco's diverse culture.
5. Identify funding strategies to implement these goals.
6. Present recommendations to the Pasco City Council on how to achieve the goals
above. Reports to the Council may be made as progress occurs; however, not less
than once per year.
Charter of the Pasco Inclusivity Commission
Page 2 Page 9 of 84
ARTICLE III
Duration
Section 3.0. The Commission shall continue in duration until February 20, 2020 unless
continuation of the Commission is extended by a majority vote of the Pasco City Council no less
than ninety (90) days prior to the date of expiration (November 20, 2019). If so extended, the
term shall be extended by such period as determined by the City Council.
ARTICLE IV
Commission Members
Section 4.1 — Selection, Vacancies and Voting. The Commission shall consist of seven (7)
voting members. The Mayor shall appoint the members of the Commission with confirmation of
the appointments by the Pasco City Council as follows:
1. The Commission Chairperson shall be selected by the City Council who shall conduct
the meetings of the Commission and report to the Pasco City Council as requested or
provided below.
2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the
Chairperson in absence of the Chairperson.
3. Commission members shall be appointed for terms of one (1) year, and may be
subject to reappointment.
4. Vacancies on the Commission shall be filled for the unexpired term of the former
member. In accordance with PMC 2.58.010, Commission members may be removed
for incompetency, incompatibility, dereliction of duty, malfeasance in office,
inefficiency, neglect of duty, or for other good cause, and membership shall be
forfeited in the event the member has four (4) absences from regular meetings within
a twelve (12) month period of time, or absences for three (3) consecutive regular
meetings.
5. The majority rule shall control commission meetings with each member having a
single vote. Commission members may not assign or grant proxies for their voting
rights.
Section 4.2 —Liaison and Staff. The City Council may appoint a City Councilmember to serve
as a non-voting liaison to the Commission. The City Council may direct the City Manager to
appoint a staff advisor who shall serve as a non-voting liaison to the Commission.
Charter of the Pasco Inclusivity Commission
Page 3 Page 10 of 84
ARTICLE V
Meetings
Section 5.1 —Commission Meetings. The Commission shall meet as necessary,but not less than
once per month, at a date and time to be determined by the Commission. A quorum shall be
required for meetings where votes are scheduled to make recommendations to the City Council.
A quorum is not required to commence a workshop meeting of the Commission. A quorum shall
be no fewer than four members.
Section 5.2 — Open Public Meetings. All Commission Meetings shall be open to the public and
notice of meetings shall be given to the extent required by law in a manner consistent with the
Open Public Meetings Act, Chapter 42.30 RCW. At each meeting any person shall have a
reasonable opportunity to address the Commission either orally or in writing.
Section 5.3 — Parliamentary Authority. The rules of Robert's Rules of Order (revised) shall
govern the Commission in all cases to which they are applicable, where they are not inconsistent
with the Charter or with the special rules of the Commission.
Section 5.4 — Minutes. Copies of the minutes of all regular or special meetings of the
Commission shall be available to any person or organization that requests them as required by
state law. The minutes of all Commission meetings shall include a record of individual votes on
all matters voted on by the Commission.
ARTICLE VI
Amendments to Charter
Section 6.1 — Proposal to Amend Charter. Any Commission member may introduce a
proposed amendment to the Charter at any meeting of which proper advance notice has been
given to members of the Commission. The notice shall include the text of the proposed
amendment and a statement to its purpose and effect.
Section 6.2 — City Council Approval of Proposed Charter Amendments. Proposed Charter
Amendments adopted by the Commission shall be submitted to the City Council for approval.
The Commission Charter maybe amended only by action of the City Council.
CERTIFICATE
I, the undersigned, City Clerk of the City of Pasco, Washington (City) do hereby certify that this
Charter of the Pasco Inclusivity Commission is a true and correct original of such Charter as
authorized by action of the City Council on this 2nd day of April, 2018.
City Clerk of the City of Pasco, Washington
Charter of the Pasco Inclusivity Commission
Page 4 Page 11 of 84
RESOLUTION NO. 31 2-C
A RESOLUTION of the City of Pasco, Washington establishing an
Inclusivity Commission to provide recommendations to the City Council for
implementation by staff for City-wide inclusivity improvements.
WHEREAS,the City of Pasco has historically been the home for diverse cultures within our
region, creating its unique character and opportunities, as well as a source of pride for all who live
here; and
WHEREAS, the City Council of the City of Pasco desires to protect and encourage our
diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be
free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a
welcoming and inclusive City, where laws apply equally to all who live here, and where individuals,
families and businesses are welcome; and
WHEREAS,the City Council of the City of Pasco is honored to serve the entire community,
and seeks to provide equal protection to our residents and access to all of the City's services to those
that live here; and
WHEREAS, Article I, Section I of the Washington Constitution declares that "governments
derive their just powers from the consent of the governed,and are established to protect and maintain
individual rights"; and
WHEREAS, the Washington State Legislature has established the "Washington Law
Against Discrimination" which declares the "right to be free from discrimination because of race,
creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation,
or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or
service animal by a person with a disability is recognized as and declared to be a civil right";and
WHEREAS, the Pasco City Council, by oath, declares to uphold and support the
Constitution and laws of the State of Washington, and hereby reaffirms its support to do so for equal
benefit of all those who live here; and
WHEREAS,the Pasco City Council, to advise it in meeting these goals and responsibilities,
desires to create an ad hoc Inclusivity Commission;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
Section 1. Declaration of City Council. The City of Pasco is hereby declared to be an
Inclusive City, committed to embracing diversity and promoting equality among our work force,
residents, businesses, and visitors and, hereby establishes an ad hoc Inclusivity Commission to
provide recommendations to the City Council for implementation by staff for City-wide inclusivity
improvements.
Section 2. Establishment of Pasco Inclusivity Commission. The City Council hereby
establishes a citizen ad hoc commission to be known as the "Pasco Inclusivity Commission." The
City Council further directs the City Manager to develop a charter for the Pasco Inclusivity
Inclusivity Commission Resolution
Page I
Page 12 of 84
Commission to be submitted to the City Council for adoption within sixty(60)days of the date of the
passage of this Resolution.
Section 3. Mission of Inclusivity Commission. The primary mission of the Pasco
Inclusivity Commission is to assist the Pasco City Council in promoting inclusivity in Pasco. The
Commission shall conduct such activities, including public hearings, to identify means to promote
and embrace diversity and inclusivity and to make such recommendations to the City Council for
action, education, and guidance to foster an environment that includes, accepts, respects and
appreciates all members of our community.
Section 4. Selection of Inclusivity Commission. The Pasco Inclusivity Commission shall
consist of seven(7) voting members. The Mayor shall appoint the members of the commission with
confirmation of the appointments by the Pasco City Council as follows:
1. The Commission Chairperson shall be selected by the City Council who shall conduct the
meetings of the Commission and report to the Pasco City Council as requested or
provided below.
2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of the
Chairperson in absence of the Chairperson.
3. In appointing members of the Commission, the City Council will strive to select such
members to represent the general City population in age, gender, race, ethnicity, sexual
orientation and national origin.
4. The term for service shall be one(1)year,and may be subject to reappointment.
5. The commission members or vacancies shall be in accordance with PMC 2.58.010.
6. The majority rule shall control commission meetings with each member having a single
vote.
7. Commission members may not assign or grant proxies for their voting rights.
8. The City Council may appoint a City Councilmember to serve as a non-voting liaison to
the commission. The City Council may direct the City Manager to appoint a staff advisor
who shall serve as a non-voting liaison to the commission.
Section 5. The Commission. The requirements of the commission will be as follows:
1. Meet one time per month at the date and time determined by the commission, or more
often as may be necessary.
2. Develop a working plan and procedures in accordance with the Council adopted Charter.
3. Report to the City Council as progress occurs; however, not less than an annual report to
the City Council.
4. All Commission Meetings shall be open to the public.
Inclusivity Commission Resolution
Page 2
Page 13 of 84
5. All Commission members must be residents who have lived within the Pasco City limits
for at least one(1)year, or have a currently licensed business,operating within the City.
6. The Commission will issue special reports at the request of the City Council at any time
during its sitting.
7. The Commission will be an advisory board to the City Council.
Section 6. Goals of Inclusivity Commission. The goals of the Pasco Inclusivity
Commission are as follows:
1. Examine the practices and procedures of the City of Pasco to identify strategies to create
a greater feeling of inclusion and welcoming for all who live and work in Pasco.
2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their
experiences that can improve life in our community.
3. Identify strategies that help the City to be more inclusive in engaging our residents and
businesses that will better promote unity,equality and understanding in Pasco.
4. Identify funding strategies to implement these goals.
5. Provide the City Council with a report on opportunities to recognize and celebrate
Pasco's diverse culture.
6. Present recommendations to the Pasco City Council on how to achieve the goals above.
Section 7. This Commission shall expire within twenty-four (24) months of the date of
this Resolution unless extended by a majority vote of the Pasco City Council no less than ninety(90)
days prior to the date of expiration. If so extended, the term shall be extended by such period as
determined by the City Council.
Section 8. Effective Date. This Resolution shall be effective upon approval.
PASSED by the City Council of the City of Pasco this 20th day of February, 2018.
CITY OF PASCO
041
Matt Watkins,Mayor
Tr ST:APPROVED AS TO FORM:
14(6 -11/lieted(77
Daniela City Clerk and). -rr, City Attorney
Inclusivity Commission Resolution
Page 3
Page 14 of 84
AGENDA REPORT
FOR: City Council June 6, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Workshop Meeting: 6/11/18
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Comprehensive Plan Update (MF # CPA 2018-001)
I. REFERENCE(S):
A power point presentation will be provided during the workshop.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Growth Management Act (GMA) requires most cities in the State to develop
Comprehensive Plans for guiding urban development. The City’s original GMA plan
was adopted by the City Council in August of 1995. The plan is required by State law
to be periodically updated. Pasco's plan was last updated in 2008 and must be updated
again this year.
Since the last Council Workshop on this matter - Oneza and Associates, a Planning
Consultant, has been retained to assist the City with completion of the Comprehen sive
Plan update.
Ferdouse Oneza will be present at the workshop to discuss the mandatory elements of
the Comprehensive Plan and review the update process.
V. DISCUSSION:
The key component of the update is the establishment of a new Urban Growth Area
Page 15 of 84
(UGA) for the City. All elements of the plan are impacted by the extent of the UGA.
Establishing the expanded UGA is best done during the cyclical update process as the
final decision on that boundary rests with the Franklin County Commissioners and
involves considerable analysis at the County level. The Goals and Policies contained in
the Comprehensive Plan can be adjusted annually and are under the City's direct
control.
Council will need to act on the UGA proposal at the regular meeting of June 18th so
the UGA application can be submitted to the County by the end of June.
The Planning Commission has been invited to attend this Workshop as they will
continue to play a large role in the Comprehensive Plan update during the next few
months.
Page 16 of 84
AGENDA REPORT
FOR: City Council June 6, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 6/11/18
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Interlocal Agreement for Benton County Emergency Services (Bi-County
Emergency Dispatch Services)
I. REFERENCE(S):
Benton County Emergency Services Transition and Buy-In Agreement
Proposed Second Amended and Restated Interlocal Agreement for Benton County
Emergency Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
$500,000 Buy-In Cost
IV. HISTORY AND FACTS BRIEF:
The City has been working in concert with Franklin and Benton Counties and the cities
of Kennewick and Richland toward the consolidation of the two Public Safety
Answering Points (PSAPs) serving these agencies and others in the Tri-Cities region
since 2007.
Consolidation of the two PSAPs into one, operating on an 800 MHz platform for police
and VHF for fire, is a long-time City Council goal. The first formal step in the
consolidation process resulted in the attached Transition and Buy-In (Agreement)
which was approved by Council in June 2017.
The agreement proposed, which was contemplated in the Transition Agreement, is
required to complete Pasco's participation as a "new partner" with Benton County
Emergency Services Southeast Communications Center (BCES/SECOMM) is attached
as the Second Amended and Restated Interlocal Agreement.
Page 17 of 84
The immediate financial impact of the agreement will be the City's need to provide a
one time, non-refundable, contribution of $500,000 for buy-in to the existing
equipment and infrastructure of SECOMM. A required buy-in, of this order of
magnitude has been planned for and set aside for this purpose by the City for several
years in anticipation of the consolidation.
BCES is scheduled to commence providing emergency dispatch services to the City
and other Franklin County emergency service providers, including Franklin County
Sheriffs Office, in August of this year.
V. DISCUSSION:
Staff recommends approval of the agreement.
Page 18 of 84
CONTRACT NO.
BENTON COUNTY EMERGENCY SER VICES
TRANSITION AND BUY-IN AGREEMENT
This TR^SITION AND BUY-IN AGREEMENT ("Agreement")is made and entered
into on this day of CTla-U/,2017,by and between Benton County,a poUtical
subdivision of the State of Wa^ington,the cities of Kennewick,Richland,West Richland,
Prosser and Benton City,all of which are Washington municipal corporations,Benton County
Fire Protection District Nos. 1, 2,and 4 and Public Utility District #1 of Benton County
(Benton PUD), all of which are Washington special purpose districts,acting collectively as Benton
County Emergency Services ('"BCES"),Franklin County,a political subdivision of the State of
Washington ("Franklin County"),and the City of Pasco,a Washington municipal corporation
("Pasco").BCES,Franklin County and Pasco are referred to collectively throughout this
Agreement as the "Parties."
WHEREAS,BCES is a local organization created in 1996 pursuant to the Interlocal
Cooperation Act,Chapter 39.34 RCW, and RCW 38.52.070 related to Emergency Management;
and
WHEREAS,the members of BCES have agreed that the City of Richland,as the
AdministrativeJurisdiction,shall currentlybethe legalentity responsiblefor employingstaffand
providing necessary support services for BCES operations;and
WHEREAS,through establishment of the Southeast Communications Center
("SECOMM"),BCES provides communication and dispatching for public safety and emergencies
for jurisdictions located in incorporated and unincorporated Benton County,andforany agencies
contracting for such services;and
WHEREAS,FranklinCountyand Pascoareeachobligatedto providecommunicationand
dispatching for public safety and emergencies,and desire to join with BCES in order to create a
bi-county operation of emergency dispatch services;and
WHEREAS,FranklinCountyand Pascoarecommittedto payingthecosts associatedwith
thetransitionstepsnecessarytojoin BCESaswellasapaymentof FiveHundredThousandDollars
each upon completion of the transition into the SECOMM Fund as a non-refundable capital
contribution for use by BCES.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
1.Incorporation of Recitals. The recitals set forth above are hereby incorporated into this
Agreement by reference.
BCES Transition Agreement (2017)Page 1
Page 19 of 84
2.Purpose.The purpose of this Transition Agreement is to detail the transition process which
will accomplish an expansion of BCES membership to include Franklin County and Pasco.
The purpose of such expansion is the provision of emergency and non-emergency call
answering and dispatch services for the Franklin County Sheriffs Office and the city of Pasco
Police and Fire Departments,and the opportunity for the provision of such services to the city
of Connell Police and Fire Departments,Franklin County Fire Districts 1,2,3,4 & 5, the Pasco
Airport Police,North Franklin County Hospital District,and Walla Walla Fire Protection
District No. 5,hereinafter known collectively as "Franklin 911 Agencies,"should they elect to
become subscribers for such services.
3.Transition Period.The transition period contemplated herein shall begin upon execution of
this Agreement by the last signing party. The transition period shall conclude upon the date on
which BCES through SECOMM begins to provide emergency and non-emergency call
answering and dispatch services to Franklin County and Pasco. This Agreement shall
automaticallyterminateat theconclusion of the transitionperiod;provided,the obligationsset
forth in section 7 below shall survive said termination.
4.Transition Sequence. The Parties agree the following transition sequence shall commence
upon execution of this Agreement:
a.Interview/Application of dispatchers currently employed by the Franklin County
Sheriffs Office ("FCSO");
b. Open recruitment by BCES foranyneeded additional positions;
c. Commence technical interconnectionprocess (radio/CAD);
d. Testingto confirm interconnectivity is successfuland sustained;
e. All hiring efforts completed;
f.Second Amended and Restated BCES Interlocal adopted by all current BCES
members.Franklin County and Pasco;
g.BCES commences with bi-county operations -transition is complete.
5. Transition Costs.Franklin County and Pasco shall pay all transition costs incurred by them
andby BCES during the term ofthis Agreement associated with the expansion of SECOMM
to serve Franklin County,Pasco and any other entities providing services within Franklin
County that may become subscribers to SECOMM services.Existing members of BCES have
no obligation to contribute any funds toward the transition or transition costs. As used in this
Agreement,the term "transition cost"includes,butisnot limited to,the following:
a. All costs associated with recruiting,hiring and training staff necessary to absorb additional
workload realized from the expansion of SECOMM to serve Franklin County,Pasco and
I other entities operating in Franklin County that may elect to subscribe to services from
BCES Transition Agreement (2017)Pagg 2
Page 20 of 84
SECOMM. All staffing determinations shall be made in the sole discretion of the
Administrative Jurisdiction.
b. While this Agreement is in effect, all salaries, benefits and any incidental costs paid to or
for the additional staff added under section (a)above.
c. Except as provided in (e) below, reimbursement to the Administrative Jurisdiction for staff
time necessary to effectuate the transition,except for time committed by the BCES Director
and those Administrative Jurisdiction staff specifically assigned to BCES. Time shall be
billed at the fully-burdened hourly rate for the particular staff member(s)working on
elements of the transition (i.e..City Attorney,Human Resources Generalist,Purchasing
Manager,etc.).Recovery of costs under this subsection shall be retroactive to January 1,
2017.
d. All costs for infrastructure or equipment necessary or desired, in the opinion of BCES, for
successful and sustained interconnectivity between BCES and Franklin County's system.
Interconnectivity shall be considered "sustained and successful"if it is assessed have a
reasonable likelihood of operating without failure for no less than twelve (12)months after
interconnectivity is established.
e. All costs associated with the contracted technical consulting necessary to determine
technical transition steps. To the extent that expertise is necessary from BCES to inform
the opinions or recommendations of the contracted technical consultant(s), said staff time
shall be made available at no additional cost.
6.Invoices.The Administrative Jurisdiction,on behalfof BCES,shall remit detailed invoices for
transition costs to Franklin County for payment. Payment shall be made within thirty (30)
calendardaysofreceipt of the invoice.FranklinCountyandPascoagreetobeheldjointlyand
severally liable for all costs invoiced under this Agreement. This section shall survive
termination of this Agreement.
7.Commitment to Execute Second Amended and Restated BCES Interlocal.The Parties
agree,withinthirty(30)daysof successful completion ofsteps(a)through (e)of the transition
process set forth in section 4 above,to execute a second amended and restated BCES interlocal
agreement intheform attached heretoas Exhibit A inordertoadd Franklin CountyandPasco
as voting members of BCES as provided therein; provided, the terms of Exhibit A can be
revised ifall Parties so agree.Further,within thirty (30)calendar daysofthe full execution of
such agreement, Franklin County and Pasco shall each make an irrevocable contribution of
Five Hundred Thousand Dollars ($500,000)to the Administrative Jurisdiction for deposit in
the SECOMM Fund and use by BCES at its discretion.
8.Execution of Operating Agreement with Administrative Jurisdiction.The current
members of BCES shall execute an Operating Agreement with the AdministrativeJurisdiction
BCES Transition Agreement (2017)Page 3
Page 21 of 84
beforethey executethe SecondAmendedand RestatedBCES Interlocal referencedaboveand
prior to July 31,2017. Such Operating Agreement shall automatically renew every five (5)
years unlessthe Administrative Jurisdictionor anothermembergivesat least nine (9)months'
notice of a desire not to renew.
9.Termination.BCES may, by written notice, terminate this Agreement upon failure by
Franklin County or Pasco to remit payment as provided herein. The defaulting agency shall
have ten (10) calendar days to cure the default, which shall commence upon receipt of BCES's
notice to terminate by the last-receiving party. If the defaulting party fails to cure the default
by rendering payment in full within the timeframe specified herein, this Agreement shall be
deemed terminated upon the eleventh (11^^)day after notice to terminate has been received by
the last-receiving party.Upon termination,Franklin County and Pasco remain jointly and
severally liable for all costs incurred by BCES pursuant to this Agreement to and through the
date of termination.
10.Legal Relationship.No partnership,joint venture or joint undertaking shall be construed to
be created by or from the existence of this Agreement,and,except as herein specifically
provided,no Party shall have the right to make any representations for, act on behalf of,or be
liable for the debts of any of the other Parties.
11.Notices.Any notices required to be given under this Agreement shall be in writing and shall
be deemed served when mailed FirstClass U.S. Mail.The Parties may, upon mutual agreement
set forth in writing,determine to accept notice via email.Notice shall be directed as follows:
BCES (All parties except Franklin County and Pasco)
Attn:City of Richland City Manager
505 Swift Blvd.
Richland,WA 99352
Email:creents@ci.richland.wa.us
Franklin County
Attn:County Administrator
1016 N.4th Avenue
Pasco,WA 99301
Email:kiohnson@co.fi-anklin.wa.us
City of Pasco
Attn: City of Pasco City Manager
525 N.3rd Avenue
Pasco,WA 99301
Email:citvmanager@pasco-wa.gov
12.Severability.Ifany part of this Agreementis heldto be illegalor unenforceableby a court of
competent jurisdiction, to the extent possible and practicable, the remaining parts of the
Agreement shall remain in effect and be binding upon all Parties hereto.
13. Governing Law; Venue.Jurisdiction andvenue for any action relating to the interpretation,
enforcement,orany dispute arising from this Agreement shall bein Benton County Superior
BCES Transition Agreement (2017)Page 4
Page 22 of 84
Court.This Agreement shall be construed in accordance with the laws of the State of
Washington.
14.Waiver.No waiver by any Party hereto of any terms or conditions of this Agreement shall be
deemed or construed to be a waiver of any other term or condition,nor shall the waiver of any
breach be deemed or construed to constitute a waiver of any subsequent breach,whether of the
same or any other term or condition of this Agreement.
15.Captions.Paragraph titles or captions contained herein are inserted as a matter of convenience
and for reference, and in no way define, limit, extend or describe the scope of this Agreement.
16.Binding Effect. Regardless of which party prepared or communicated this Agreement, this
Agreement shall be of binding effect between the Parties only upon its execution by an
authorized representative of each such party as authorized by its respective legislative council
or governing board.
17.Warranty of Authority.ThepersonsexecutinganddeliveringthisAgreementeachrepresent
andwarrantthateach of themisdulyauthorizedtodoso,andthatexecution ofthisAgreement
isthe lawfuland voluntary actofthepersonor entityon whosebehalftheypurportto act.
18.Construction.The Parties acknowledge that each party and its counsel have reviewed this
Agreement with opportunity to comment,andthat the normal rule of construction providing
thatany ambiguities aretobe resolved against the drafting party shall notbe employed inthe
interpretation of this Agreement or any amendment or exhibits hereto.
19.Complete Agreement.This Agreement represents and contains the entire understanding
between the Parties related to Franklin County and Pasco becoming members of BCES.The
Parties acknowledge that no other oral or written collateral agreements,understandings,or
representations exist outside ofthis document,withthe exception ofany documents referenced
inor expressly incorporated by reference inthis Agreement.Any prior agreements,whether
verbal or written,not specifically expressly incorporated by reference inthis Agreement are
hereby terminated.
[Signature Page to Follow]
BCES Transition Agreement (2017)Page 5
Page 23 of 84
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date of the last-
signing Party.
BENTON COUNTY,WASHINGTON
vlAMES BEAVrn-OPPOSED
By:James Beaver Date
Chairman,Benton County Commission
Attest:
Clerk of the Board
By:Je?i5y^eT)elvin Date
Benton County Commissioner
(j>42-ion
Byf^hoiTsmZr Date
Benton County Commissioner
Approved as to Form:
Ryan Brown
Chief Deputy Prosecuting Attorney,Civil
FRANKLIN COUNTY,WASHINGTON
See pg. 6_b
By:Robert Koch Date
Chairman, Franklin County Commission
Signed
See pg,6_b
By: Brad Peck Date
Franklin County Commissioner
Signed
See pg. 5_b
By: Rick Miller Date
Franklin County Commissioner
Attest:
Signed
See pg.6_b
Clerk of the Board
Approved as to Form:
Signed
See pg.6_b
By:
Franklin County Deputy Prosecutor
[Signatures Continue Below\
BCES Transition Agreement (2017)Page 6^0^
Page 24 of 84
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date of the last-
signing Party.
BENTON COUNTY,WASHINGTON
See pg. 6_a
By:James Beaver Date
Chairman,Benton County Commission
Signed
See pg.6_a
By:Jerome Delvin Date
Benton County Commissioner
Signed
See pg.6_a
By: Shon Small Date
Benton County Commissioner
Attest:
Signed
See pg.6_a
Clerk of the Board
Approved as to Form:
Ryan Brown
Chief Deputy Prosecuting Attorney,Civil
FRANKLIN COUNTY,WASHINGTON
ABSENT
By:Robert Koch Date
Chairman,Franklin County Commission
Lo
By: Brad Peck Date
Franklin County Commissioner
io
By:Rick Miller Date
Franklin County Commissioner
Attest:
Ij n a -lX.^
Clerk of the Board
Approved as to Form:
By:^oVk
Frakk^iliC^nty Deputy Prosecutor
[Signatures Continue Below]
BCES Transition Agreement (2017)Page 6_b
Page 25 of 84
CITY OF PASCO
5y:Dave zTaBStt
Pasco City Manager
Attest:
Date
Sandy Keni^brthy,Interim City ^lerk
Approved as to Form:
r,Pasco City Attorney
CITY OF KENNEWICK
Attest.
lecFy-Wnght,City Cler
Approved as to Form:
By:N|arie E.Mosley
Kennewick City Manager
Date
Lisa Beaton,Kennewick City Attorney
CITY OF RICHLAND
_e
Byi'^n^TTTaT^R^nts,ICMA-CM Date
Richland City Manager
Attest:
Marcia Hopkins, City C1
Approved as to Form:
44-€jgJhajeA^\^U^^
Heatiier Kintzley,Richland City Attorney
CITY OF WEST RICHLAND
By:Brent Gerry
Mayor
Attest:
AsJJu^City^lerk Julie Richardson
Approved as to Form:
Bronson Brown
West Richland City Attorney
Date
[Signatures Continue Below]
BCES Transition Agreement (20J7)Page 7
Page 26 of 84
CITY OF PROSSER
Signed
See pg.8_b
By:Randy Taylor
Mayor
Attest:
Signed
See pg.8_b
Date
Rachel Shaw, City Clerk
Approved as to Form:
Signed
See pg.8_b
Howard Saxton,Prosser City Attorney
CITY OF BENTON CITY
By:Linda Lehman
Mayor
Attest:
Ste^6me Haug,Cft^C l/erk
Approved as to Form:
Date
Attorney for Benton City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2,AND 4
Signed
See pg.8_c
By:E.W."Bill"Houchin,Commission Chair
BCFPD#1
Date:
Date:
By^Barry (!Trth,Commission Chair
BCFPD U2
Date:J?-|^
Signed
See pg.8_d
By: A.J. Hill,Commission Chair
BCFPD #4
Attest:
Attest:
Attest:
[Signatures Continue Below]
BCES Transition Agreement (2017)Page 8jO<.
Page 27 of 84
CITY OF PROSSER
By:Da^e Stockdale Date
Prosser City Administrator
Attest
Rachel Shaw,City Clerk
Approved as to Form:
CITY OF BENTON CITY
Signed
See pg.8_a
By:Linda Lehman
Mayor
Attest:
Signed
See pg.8_a
Stephanie Haug,City Clerk
Approved as to Form:
Signed
See pg.8_a
Date
Howard Saxton,Prosser City Attorney
West Richland City Attorney
Lee Kerr,City Attorney for Benton City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2,AND 4
Signed
See pg.8_c
By: E.W."Bill"Houchin,Commission Chair
BCFPD #1
Date:
Signed
See pg.8_a
By:Barry Orth,Commission Chair
BCFPD #2
Date:
Signed
See pg. 8_d
By:Gregg Couch,Commissioner
BCFPD #4
Date:
Attest:
Attest'.
Attest:
{Signatures Continue Below]
BCES Transition Agreement (2017)
Signed
See pg.8_a
Page 8 Jo
Page 28 of 84
CITY OF PROSSER
Signed
Seepg.8_b
By:Randy Taylor
Mayor
Attest:
Signed
See pg.8_b
Rachel Shaw,City Clerk
Approved as to Form:
Signed
See pg.8_b
Date
CITY OF BENTON CITY
Signed
See pg. 8_a
By:Linda Lehman
Mayor
Attest:
Signed
See pg.8_a
Stephanie Haug, City Clerk
Approved as to Form:
Signed
See pg. 8_a
Date
Howard Saxton,Prosser City Attorney Lee Kerr, City Attorney for Benton City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1,2,AND 4
By:E.W."Bill"Houchin,Commission Chair
BCFPD #1
:€-$.(D )7Date
Signed
See pg.8_a
By:Barry Orth,Commission Chair
BCFPD #2
Date:
Signed
See pg. 8_d
By: A.J. Hill,Commission Chair
BCFPD #4
Date:
Attest:
Attest:
Attest:
[Signatures Continue Below]
BCES Transition Agreement (2017)
Signed
See pg. 8_a
Page 8^C
Page 29 of 84
CITY OF PROSSER
Signed
See pg.8_b
By:Randy Taylor
Mayor
Attest:
Signed
See pg.8_b
Rachel Shaw,City Clerk
Approved as to Form:
Signed
See pg.8_b
Date
CITY OF BENTON CITY
Signed
See pg.8_a
By:Linda Lehman
Mayor
Attest:
Signed
See pg.8_a
Stephanie Haug,City Clerk
Approved as to Form:
Signed
See pg.8_a
Date
Howard Saxton,Prosser City Attorney Lee Kerr, City Attorney for Benton City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1,2,AND 4
Signed
See pg.8_c
By:E.W."Bill"Houchin,Commission Chair
BCFPD#1
Date:
Signed
See pg.8_a
By:Barry Orth,Commission Chair
BCFPD #2
Date:
By:AJ.Hill,Commission Chair
BCFPD #4
^e/\T./9=i-7
Date
Attest:
Attest:
Attest:
[Signatures Continue Below]
BCES Transition Agreement (2017)
Signed
See pg,8_a
Page 8j:k
Page 30 of 84
PUBLIC UTILITY DISTRICT #1 OF BENTON COUNTY (BENTON PUD)
Chad Bartram
General Manager
Date;
BCES Transition Agreement (2017)
Attest'.
Page 9
Page 31 of 84
Second Amended and Restated BCES Interlocal (2017) Page 1
WHEN RECORDED RETURN TO:
City of Richland
Attn: City Attorney
505 Swift Boulevard MS-07
Richland, WA 99352
SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY SERVICES
THIS SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT is made and
entered into by and between the following entities (collectively, the “Parties”):
Benton County, a political subdivision of the State of Washington;
Franklin County, a political subdivision of the State of Washington;
City of Kennewick, a Washington municipal corporation;
City of Richland, a Washington municipal corporation;
City of West Richland, a Washington municipal corporation;
City of Prosser, a Washington municipal corporation
City of Benton City, a Washington municipal corporation;
City of Pasco, a Washington municipal corporation;
Benton County Fire Protection District Nos. 1, 2, and 4, all of which are Washington special
purpose districts; and
Public Utility District #1 of Benton County, a Washington special purpose district.
I. RECITALS
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes public
agencies to make the most efficient use of their powers by enabling them to cooperate with each
other based on mutual advantage, and to collectively exercise the rights and powers they hold
individually through the execution of an interlocal cooperative agreement; and
WHEREAS, RCW 38.52.070 authorizes and directs each county, city and town within the
State of Washington to establish a local organization for emergency management in accordance
with the State Emergency Management Plan and Program, and permits the State Director of
Emergency Management to authorize two or more counties, cities and towns to join in the
establishment and operation of a local organization for emergency management; and
EXHIBIT A
To 2017 BCES Transition & Buy-In Agreement
Page 32 of 84
Second Amended and Restated BCES Interlocal (2017) Page 2
WHEREAS, Benton County Emergency Services (“BCES”) is such a local organization
created in 1996 pursuant to the Interlocal referenced in Section 7, and the Parties to this Agreement
wish to continue that organization under the terms of this Second Amended and Restated Interlocal
Agreement; and
WHEREAS, in addition to emergency management services, Benton County Emergency
Services, through establishment of the Southeast Communications Center, has also provided
communication and dispatching for public safety and emergencies for some jurisdictions located
in incorporated and unincorporated Benton County, and for any agencies contracting for such
services; and
WHEREAS, the cities of Kennewick, Richland, West Richland, Prosser, Benton City,
Benton County and Benton County Fire District Nos. 1, 2 and 4, and with limited participation by
Benton County Public Utility District #1 (“Benton PUD”) (collectively, the “Existing Partners”)
intend to continue to provide county-wide operation of emergency dispatch services under the
terms of this Agreement, and, along with the city of Pasco and Franklin County (the “New
Partners”), all Parties to this Agreement now intend to provide bi-county operation of emergency
dispatch services, with each Party participating to the extent identified herein; and
WHEREAS, the Existing Parties have operated BCES pursuant to the Amended and
Restated Interlocal Cooperation Agreement for Benton County Emergency Services effective
January 23, 2012 (“2012 BCES Interlocal Agreement”); and
WHEREAS, BCES has established a digital 800MHz radio system that provides and will
continue to provide viable public safety communications for many years into the future; and
WHEREAS, Benton County, the cities of Kennewick and Richland, and Benton PUD
provide a single microwave system exclusively located in Benton County (hereinafter “Benton
County Microwave System”); and
WHEREAS, Benton PUD is a limited voting member of the BCES Executive Board
authorized to vote exclusively on the Benton County Microwave System and related funding issues
and in return for such rights it agreed in the 2012 BCES Interlocal Agreement not to exercise its
right of first refusal to acquire ownership of microwave equipment from the State of Washington
that are part of the Benton County Microwave System; and
WHEREAS, Franklin County and public safety agencies within that county operate under
a separate microwave system exclusively located in Franklin County (hereinafter “Franklin County
Microwave System”).
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in
accordance with RCW 39.34, RCW 38.52 and Section 6 of the 2012 BCES Interlocal Agreement,
the Parties hereto agree to this Second Amended and Restated Interlocal Agreement as follows:
Page 33 of 84
Second Amended and Restated BCES Interlocal (2017) Page 3
II. AGREEMENT
1. INCORPORATION OF RECITALS
The recitals set forth above are hereby incorporated into this Agreement by reference.
2. PURPOSE
The purpose of this Agreement is to provide for the effective and economical operations of Benton
County Emergency Services (BCES), a local administrative entity and joint venture between the
above-referenced Parties (also referred to as the “Organization”).
3. ORGANIZATIONAL STRUCTURE
Benton County Emergency Services consists of two (2) divisions: Benton County Emergency
Management (BCEM) and Southeast Communications Center (SECOMM).
A. General. The Organization shall consist of an Executive Board, Strategic Advisory Team,
Customer Agency Groups and various committees as created by the Executive Board.
1. Appointment of Administrative Jurisdiction; Duration. An Administrative Jurisdiction
shall be designated by the Executive Board. The Administrative Jurisdiction shall serve
unless or until such service is terminated by the Executive Board, or until the
Administrative Jurisdiction withdraws after having provided a minimum of nine (9)
month’s written notice of intent to withdraw. The City of Richland is currently designated
as the Administrative Jurisdiction. All employees staffing BCES shall be employees of the
Administrative Jurisdiction.
2. Duties of Administrative Jurisdiction. The Administrative Jurisdiction shall have full
responsibility for the operation of the Organization, and shall provide all necessary support
for the Organization. The Administrative Jurisdiction shall perform its duties pursuant to a
contractual agreement with Benton County Emergency Services that shall automatically
renew every five (5) years, subject to any renegotiations between the Administrative
Jurisdiction and the Executive Board. This contractual agreement shall be fully executed
by December 1, 2017. The Administrative Jurisdiction shall appoint a BCES Director,
which appointment shall be subject to confirmation by the Executive Board. The BCES
Director shall be removed only at the direction of the Administrative Jurisdiction.
3. Governing Policies. BCES shall follow the policies established by the Administrative
Jurisdiction for all efforts related to Finance, Human Resources, Legal, Risk & Safety, and
Purchasing. To ease future transition between Administrative Jurisdictions, BCES shall
operate and maintain an independent email system.
Page 34 of 84
Second Amended and Restated BCES Interlocal (2017) Page 4
B. Executive Board Duties; Membership; Voting. The Executive Board shall be the governing
body of the administrative entity known as Benton County Emergency Services, and shall be
responsible for approving BCES-specific policies, contracts, the annual budget, and
confirmation of the Administrative Jurisdiction’s appointment of the BCES Director. The
Executive Board shall also be responsible for ensuring the Parties’ compliance with the legal
requirements of RCW 38.52.
1. Subject to the voting procedures and restrictions set forth herein, the Executive Board shall
consist of one representative from the Benton County Commissioner's Office, one
representative from the Franklin County Commissioner's Office, one representative from
each of the cities of Kennewick, Richland, Prosser, West Richland, Benton City, and Pasco,
a single representative collectively representing Benton County Fire Protection District
Nos. 1, 2 and 4, and one representative from Benton PUD.
2. Whenever they are entitled to vote, Benton County, Franklin County and the cities of
Kennewick, Pasco and Richland shall be allowed two (2) votes each. Whenever they are
entitled to vote, West Richland, Prosser, Benton City and Benton PUD shall have one (1)
vote each. Whenever they are entitled to vote, Benton County Fire Protection District Nos.
1, 2 and 4 shall collectively share a single vote. Benton PUD is only entitled to vote on the
annual Benton County Microwave System assessment, the cost of Benton County
Microwave System operations, replacement of Benton County Microwave System
equipment, and Benton County Microwave System expansion or reduction. Specifically,
but without limitation, the Benton PUD representative shall not have voting rights for
matters relating to the BCES organizational structure and operations.
3. A simple majority of the number of members of the Executive Board shall be a quorum,
and a simple majority of votes shall prevail unless otherwise set forth herein. Attendance
or non-attendance of the Benton PUD’s representative shall not be counted or considered
with respect to quorum determination.
4. The following are the only representatives authorized to vote on matters associated with
Southeast Communications Center (SECOMM):
Representatives for the cities of Kennewick, Richland, Pasco, and West Richland*
and Prosser*;
Representatives for the counties of Benton and Franklin;
The representative for Benton County Fire Protection District Nos. 1, 2 and 4
casting a single vote for the three entities.*
*Note: No future contracted subscribers to SECOMM shall be entitled to vote.
5. The following are the only representatives authorized to vote on matters related to the
800MHz system:
Representatives for the cities of Kennewick and Richland;
The representative for the county of Benton.
Page 35 of 84
Second Amended and Restated BCES Interlocal (2017) Page 5
6. The following are the only representatives authorized to vote on matters associated with
operation and maintenance of the Benton County Microwave System and related funding:
Representatives for the cities of Kennewick and Richland;
The representative for the county of Benton;
The representative for Benton PUD.
7. The following are the only representatives authorized to vote on items associated with
Benton County Emergency Management (BCEM):
Representatives for the cities of Kennewick, Richland, West Richland, Prosser
and Benton City;
The representative for the county of Benton.
8. For items not specifically associated with the Benton County Microwave System, the 800
MHz system, Southeast Communications Center, or Benton County Emergency
Management, all representatives, except the Benton PUD representative, may vote.
9. Absence of a representative at a meeting where such a representative is entitled to vote on
an issue will result in forfeiture of voting rights for that meeting.
C. Strategic Advisory Team. Working directly with BCES leadership, the Strategic Advisory
Team (SAT) will assist in developing strategies for addressing issues such as establishing
standardized procedures and incorporating changes in technology. To facilitate the policy-
making role of the Executive Board, it may assign to the SAT certain policy reviews, projects,
and tasks. The Strategic Advisory Team may consist of one (1) representative from each of the
following:
Kennewick Fire Department Connell Police Department
Kennewick Police Department Connell Fire Department
Richland Police Department Pasco Police Department
Richland Fire Department Pasco Fire Department
West Richland Police Department West Benton Fire and Rescue
Benton County Sheriff's Office North Franklin County Hospital District
Franklin County Sheriff’s Office City of Prosser
Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
Benton County Fire Protection Districts 1,
2, 4, 5 & 6 (1 Rep)
The SAT representative will be the agency Chief or Sheriff and a senior level executive from
the City of Prosser.
D. Customer Agency Group. The Customer Agency Group (CAG) is established to allow
customers of BCES to communicate suggestions, ideas, or concerns regarding service,
operational policies, and/or procedural issues. The CAG will be comprised of two divisions:
Law Enforcement and Fire/EMS. Each division will elect a chairperson to represent the
concerns of their division to the BCES Director or at joint CAG meetings. The Customer
Page 36 of 84
Second Amended and Restated BCES Interlocal (2017) Page 6
Agency Group may consist of one (1) representative from each of the following:
Kennewick Police Department Connell Police Department
Kennewick Fire Department Connell Fire Department
Richland Police Department Pasco Police Department
Richland Fire Department Pasco Fire Department
West Richland Police Department West Benton Fire and Rescue
Benton County Sheriff's Office North Franklin County Hospital District
Franklin County Sheriff’s Office City of Prosser Police Department
City of Benton City Benton PUD
Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
Walla Walla Fire Protection District 5
Benton County Fire Protection Districts 1,
2, 4, 5, & 6 (1 Rep)
1. Issues that impact only one division will be communicated to the BCES Director from the
chair of the division. Any recommendations made by either division must be approved by
a majority of the agencies before they can be submitted to the Director for consideration.
Items for which there is no majority support will require the use of the agency input
process.
2. Should an issue be relevant to both divisions, a meeting may be called by the BCES
Director or either division chairperson. Attendees to such meeting will be limited to the
BCES Director, the SECOMM Communications Manager and/or Emergency Management
Manager, and both division chairpersons.
3. Working groups or sub-committees may be created by either division to address
operational issues for which operational-level employees or subject matter experts should
be involved. These groups and/or sub-committees will report directly to their division
chairperson. Additionally, to expedite the development of recommendations that are sound
and have the greatest likelihood of success, recommendations will be vetted with a senior
subject matter expert dispatcher for additional input. The dispatcher would have no vote in
the process of moving forward with an issue.
E. BCES Director. The Director, under direction of the Administrative Jurisdiction, shall maintain
and operate Benton County Emergency Services, and shall be responsible for the
implementation of the directives of the Executive Board and the policies and procedures of the
Executive Board or the Administrative Jurisdiction, as the case may be. The Director shall be
responsible for developing, organizing, and coordinating emergency preparedness planning,
training and implementation. The Director shall be responsible for organizing, developing and
coordination of E-911 and bi-county communication systems, and shall have such other duties
and responsibilities as the Administrative Jurisdiction designates from time to time.
F. Notice to Benton PUD. Benton PUD shall receive notice and an informational packet for all
Executive Board Meetings. Packets will be provided electronically the week prior to a
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scheduled Executive Board Meeting, and will identify the issues that Benton PUD may vote
upon. Should there be a matter upon which Benton PUD is entitled to vote at the scheduled
meeting, Benton PUD must have a representative present at that meeting. Benton PUD may
vote only on matters upon which Benton PUD is entitled to vote pursuant to section 3(B)(6) of
this Agreement. No voting will occur for any matters set forth in Section 3(B)(6) without
advance notice to Benton PUD as provided herein. If Benton PUD believes it is entitled to vote
on a matter identified in an Executive Board packet, but such packet does not so indicate,
Benton PUD must raise the issue at the upcoming Executive Board meeting, or it will be
deemed to have waived any voting rights not exercised at that meeting.
4. FINANCES
Benton County Emergency Services maintains four separate funds consisting of:
One (1) fund for Benton County Emergency Management;
One (1) fund for Southeast Communications Center;
One (1) fund for the acquisition, maintenance and operation of the 800MHz; and
One (1) fund for the maintenance and operation of the Benton County Microwave System.
These funds are maintained and administered by the Administrative Jurisdiction in lieu of the
Treasurer of the City of Kennewick, the most populous entity. All monies received for the benefit
and use of Benton County Emergency Services, including financial contributions by the Parties to
this Agreement in accordance herewith, shall be deposited into the appropriate fund.
A. Benton County Emergency Management (EM Operations) Fund. Except for Benton PUD,
Pasco, and Franklin County, each Party to this Agreement shall contribute to the cost of
emergency management upon such fair and equitable basis as shall be determined by the
Executive Board. If, in any case, the Executive Board is unable to agree upon the proper
contributions by the Parties hereto, the decisions shall be referred to the State Emergency
Management Council for arbitration, and the Council's decision shall be final and binding upon
the Parties hereto. Except for Benton PUD, Franklin County and Pasco, each party shall pay
its share of the cost of emergency management into the Benton County Emergency
Management Fund which is maintained and administered by the Administrative Jurisdiction.
The Executive Board shall have the authority to proportionately levy, by percentage of total
budget responsibility, additional fees to cover unexpected liabilities, including uninsured civil
judgments. If the cost overrun or liability is the result of a single agency, the entire cost will
be borne by that agency.
B. Southeast Communications Center (SECOMM Operations) Fund. SECOMM shall be financed
by the proceeds of a telephone excise tax that shall be imposed at the same rate by both Benton
and Franklin counties, an annual levy upon the Parties, except for Benton PUD and City of
Benton City, and by contract fees paid by contracting agencies as determined by the Executive
Board. Each Party hereto shall contribute its share of the costs of the typical and customary
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operation and administration of SECOMM as established by the Executive Board. Such
contributions shall be determined annually by the Executive Board for inclusion in the Parties'
annual budgets. The assessment for any user or member entering SECOMM mid-budget year
shall be determined by the Executive Board and pro-rated relative to the months of service
remaining in the existing budget year. In the first annual budget developed after BCES begins
providing Franklin County and Pasco with communication and dispatching for public safety
and emergencies, the SECOMM budget funding model will substitute population data for calls
for service data wherever calls for service data has been used to allocate agency assessments.
Funding models for subsequent SECOMM budgets shall be determined by the Executive
Board. Assessments shall be paid in periodic installments on a schedule determined by the
Executive Board. In the event an unforeseen exigent circumstance or uninsured civil judgment
results in costs to the Organization in excess of the budgeted expenses for operation and
administration, the Executive Board is authorized to proportionately levy, by percentage of
total budget responsibility, additional fees to cover the unexpected liability. Such excess costs
shall be promptly remitted, upon demand, to Benton County Emergency Services. If the cost
overrun is attributable to a single agency’s action or inaction, the entire cost overrun shall be
borne by that agency.
C. 800MHz Fund. The 800MHz Fund shall be used for the maintenance and operation of any
800MHz radio system, whether analog or digital, utilized by BCES. The Executive Board is
authorized to levy annual radio assessments upon all Parties who use radios under the 800MHz
system, and to impose contract fees upon any contracting agencies for use of the same.
Assessments shall be determined annually by the Executive Board for inclusion in the Parties’
annual budgets. Assessments shall be paid in periodic installments on a schedule determined
by the Executive Board. In the event an unforeseen exigent circumstance or uninsured civil
judgment results in costs to the Organization in excess of the budgeted expenses for operation
and administration of the 800MHz system, the Executive Board is authorized to
proportionately levy, by percentage of the Parties’ total 800 MHz budget responsibility,
additional fees to cover the unexpected liability. Such excess costs shall be promptly remitted,
upon demand, to Benton County Emergency Services. If the cost overrun is attributable to a
single agency’s action or inaction, the entire cost overrun shall be borne by that agency.
D. Benton County Microwave System Fund. The Benton County Microwave System Fund shall
be used for the maintenance and operation of the Benton County Microwave System utilized
by BCES. The Executive Board is authorized to levy annual assessments upon all Parties who
use the Benton County Microwave System, and to impose contract fees upon any contracting
agencies. Such assessments shall be determined annually by the Executive Board for inclusion
in the Parties’ annual budgets. Assessments shall be paid in periodic installments on a schedule
determined by the Executive Board. In the event an unforeseen exigent circumstance or
uninsured civil judgment results in costs to the Organization in excess of the budgeted expenses
for maintenance and operation of the Benton County Microwave System, the Executive Board
is authorized to proportionately levy, by percentage of the Parties’ total Benton County
Microwave System budget responsibility, additional fees to cover the unexpected liability.
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Such excess costs shall be promptly remitted, upon demand, to Benton County Emergency
Services. If the cost overrun is attributable to a single agency’s action or inaction, the entire
cost overrun shall be borne by that agency. Neither Franklin County nor any of the Parties to
this Agreement located therein shall acquire or be deemed to have acquired any ownership
interest whatsoever in any property or equipment that comprises the Benton County
Microwave System.
1. Franklin County Microwave System. Although the Benton County Microwave System and
the Franklin County Microwave System are technically interconnected and create a Bi-
County Microwave System utilized by BCES, Benton County and those Parties to this
Agreement who are located therein are the only Parties obligated to contribute to the
Benton County Microwave System as provided under Section 4.D above. Franklin County
shall be solely responsible for all costs associated with maintenance, operation and
improvements to the Franklin County Microwave System. Neither Benton County nor any
of those Parties to this Agreement located therein shall acquire any ownership interest
whatsoever in any property or equipment that comprises the Franklin County Microwave
System. Franklin County shall defend, indemnify and hold harmless Benton County and
those Parties to this Agreement who are located therein for all claims related in any way
to, Franklin County’s maintenance or operation of the Franklin County Microwave System
as it presently exists or is modified in the future. “Claim” means any loss, claim, suit,
action, liability, damage or expense of any kind or nature whatsoever, including but not
limited to attorneys’ fees and costs, attributable to personal or bodily injury, sickness,
disease or death, or injury to or destruction of property, including the loss of uses resulting
therefrom.
E. The BCES Director, upon approval by the Executive Board, is authorized to make expenditures
on behalf of the Organization in accordance with the policies and procedures of the
Administrative Jurisdiction.
F. An annual budget for the Organization shall be prepared by the BCES Director in accordance
with the policies and procedure of the Administrative Jurisdiction. The annual budget requires
Executive Board approval.
G. Contribution to SECOMM Fund. Within thirty (30) calendar days of the date of execution of
this Agreement by all Parties, Franklin County and Pasco shall each make an irrevocable
contribution of Five Hundred Thousand Dollars ($500,000) to the SECOMM Fund. Failure to
make the contributions as provided herein shall result in suspension of services to the non-
compliant Party by BCES.
H. Radio System Upgrade (SUA). Beginning with the first annual BCES budget developed after
BCES begins providing Franklin County and Pasco with communication and dispatching for
public safety and emergencies, and continuing with each successive BCES budget thereafter,
the allocation of costs to support the trunked radio system shall be equally divided between
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Second Amended and Restated BCES Interlocal (2017) Page 10
Benton County, Franklin County, and the cities of Kennewick, Pasco and Richland.
Contributions made by Franklin County and Pasco shall not create, nor be construed to create,
any ownership interest in the trunked radio system.
5. PROPERTY AND EQUIPMENT
A. Ownership Interests Maintained. Except as authorized by the Executive Board with respect to
transfer by FEMA of ownership of assets acquired with CSEPP funds, the digital 800MHz
radio system, and the Benton County Microwave System Fund, the ownership interests in
property, equipment, or funds acquired by or through Benton County Emergency Management
shall continue to be shared by Benton County and the cities of Kennewick, Richland, West
Richland, Prosser, and Benton City in proportion to the financial and in-kind contribution of
each party in the year such property, equipment, or monies was acquired, unless provided
otherwise herein. Franklin County and Pasco shall take no ownership interest whatsoever in
any property, equipment or monies belonging to BCES as of the effective date of this
Agreement. Any ownership interest acquired thereafter by Franklin County and/or city of
Pasco shall be only as provided herein.
B. Benton PUD Property Interests. Buildings and towers owned by Benton PUD, and site or
ground leasehold interests held by Benton PUD at the Prosser site, the Joe Butte Site, and the
Umatilla Ridge site will remain in their ownership or leasehold interests. Benton PUD agrees
that, in return for the rights granted under this Agreement, it will not exercise its right of first
refusal to acquire any microwave system or parts thereof from the State, and agrees to allow
the State to transfer such assets to the joint ownership of Benton County and the cities of
Kennewick and Richland in the following percentages: fifty percent (50%) to Benton County;
twenty-five percent (25%) to Kennewick; twenty-five percent (25%) to Richland. Benton PUD
will not have a right to or ownership in any BCES assets, including the Benton County
Microwave System, unless this Agreement is amended so as to grant Benton PUD ownership
interests in particular assets.
C. Specific Properties Owned Solely By Benton County, Richland and Kennewick. All Parties
hereto acknowledge that the federal government may have ownership interests or rights with
respect to equipment purchased with funds provided by the federal government. All Parties
further acknowledge and agree that the digital 800MHz radio system, the real property and
improvements located at 651 Truman Avenue in Richland, Washington, the leasehold interest
and 800 MHz equipment used by Benton County Emergency Services and the Parties hereto
at the several existing sites and the Benton County Microwave System used by Benton County
Emergency Services shall be owned exclusively by Benton County, and the cities of Richland
and Kennewick as follows: fifty percent (50%) ownership by Benton County; twenty-five
percent (25%) ownership by Kennewick; twenty-five percent (25%) ownership by Richland.
The contributions by Pasco and Franklin County required pursuant to section 4.G above do not
create any ownership interests in the above assets by those entities.
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D. Ownership Interests – SECOMM Fund. Property, equipment, or monies acquired through the
Southeast Communications Center Fund on and after the day following the effective date of
this Agreement shall be owned in equal shares by Benton County, Franklin County and the
cities of Kennewick, Richland and Pasco, except to the extent acquired through revenue of
E911 taxes as set forth below. Benton County, Franklin County and the cities of Kennewick,
Pasco and Richland are the only Parties to this Agreement responsible for contributing toward
capital expenditures in the budget process.
E. Ownership Interests – E911 Taxes. Property, equipment, or monies acquired through the
receipt of E911 taxes prior to and after the effective date of this Agreement shall be the property
of Benton and Franklin Counties based on the percentage of E911 tax funds contributed by
each county toward said property, equipment or monies.
6. PUBLIC RECORDS REQUESTS
A. To comply with BCES’s obligation to respond to public records requests, and to minimize
legal risk to the Parties, the Parties agree that all original records prepared, owned, used, or
retained by BCES shall be provided to and maintained by the Administrative Jurisdiction.
B. When a public records request is received by BCES under the Washington State Public
Records Act, Chapter 42.56 RCW, staff assigned to support BCES will complete a search for
responsive records and respond to the request pursuant to the Public Records policy established
by the Administrative Jurisdiction. To the extent legal review is needed to respond to a request,
the City Attorney for the Administrative Jurisdiction will provide the review. The Parties
acknowledge that the Administrative Jurisdiction has ultimate authority to release or withhold
records pursuant to the Washington State Public Records Act.
7. DURATION OF AGREEMENT; TERMINATION
This Agreement shall become effective only upon execution by all Parties and filing with each
County Auditor in compliance with RCW 39.34.040. Upon the effective date, this Agreement shall
replace all prior oral agreements, contracts, interlocals and amendments thereto, including those
agreements that have been recorded with the Benton County Auditor, and shall specifically, but
without limitation, supersede the Interlocal Agreement for Benton County Emergency Services
recorded with the Benton County Auditor on October 1, 1996, the Interlocal Agreement for Benton
County Emergency Services Interlocal Cooperation Agreement effective September 1, 2006,
Amendment 1 thereto dated May 11, 2009, and the 2012 BCES Interlocal Agreement. The initial
term of this Agreement shall be ten (10) years, after which this Agreement shall automatically
extend for successive five (5) year terms unless one or more Parties objects to extending the
Agreement no later than six (6) months prior to expiration. Objections to extension of this
Agreement shall be submitted in writing to the Executive Board.
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Second Amended and Restated BCES Interlocal (2017) Page 12
8. AMENDMENTS
Amendments to this Agreement shall only be made upon an affirmative vote of at least twelve (12)
votes in favor of amendment, without any vote by Benton PUD, which shall not have a vote on
amendments. This section shall not affect how the Board operates and conducts its business.
9. WITHDRAWALS
Any Party may withdraw from this Agreement upon providing six (6) month’s advanced written
notice to the Executive Board. A withdrawing Party shall remain liable for obligated payments,
and shall be refunded any payments made but not obligated prior to the date of actual withdrawal.
Any Party so withdrawing shall be responsible for complying with Washington State law regarding
its obligations to provide emergency management and dispatch services. Upon the act of
withdrawing from this Agreement, the withdrawing Party shall be deemed to have forfeited and
released all ownership interest it may have in any property, equipment or monies it may have or
otherwise been eligible to receive under this Agreement.
10. ALLOCATION OF LIABILITY; INDEMNIFICATION
A. Each party shall be solely responsible for its own wrongful or negligent conduct. Each party
promises to indemnify and hold harmless and release all other Parties from any loss, claim or
liability arising from or out of the negligent tortious actions or inactions of its employees,
officers and officials. Such liability shall be apportioned among the Parties or other at-fault
persons or entities in accordance with the laws of the State of Washington. Nothing herein
shall be interpreted to:
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of a Party to exercise any right, defense, or remedy which a Party may
have with respect to third parties or the employee(s) whose action or inaction gave rise to
loss, claim or liability, including, but not limited to, an assertion that the employee(s) acted
beyond the scope of employment.
3. Cover or require indemnification or payment of any judgment against any individual or
agency for intentionally wrongful conduct outside the scope of employment of any
individual, or for judgment for punitive damages against any individual or agency.
Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of
the individual against whom said judgment is rendered and/or his or her agency employer,
should that employer voluntarily elect to make said payment. This Agreement does not
require indemnification of any punitive damage awards or for any order imposing fines or
sanctions.
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Second Amended and Restated BCES Interlocal (2017) Page 13
11. SEVERABILITY
If any part of this Agreement is held to be illegal or unenforceable by a court of competent
jurisdiction, to the extent possible and practicable, the remaining parts of the Agreement shall
remain in effect and be binding upon all Parties hereto.
12. NO SEPARATE LEGAL ENTITY
No separate legal entity is created upon execution of this Interlocal Agreement.
13. GOVERNING LAW; VENUE
Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute
arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be
construed in accordance with the laws of the State of Washington.
14. WAIVER
No waiver by any Party hereto of any terms or conditions of this Agreement shall be deemed or
construed to be a waiver of any other term or condition, nor shall the waiver of any breach be
deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any
other term or condition of this Agreement.
15. NO THIRD PARTY RIGHTS
Nothing in this Agreement shall create or be deemed to create any rights in any person or entity
not a party to this Agreement.
[Signature Page to Follow]
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Second Amended and Restated BCES Interlocal (2017) Page 14
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
identified next to their signatures below.
BENTON COUNTY, WASHINGTON FRANKLIN COUNTY, WASHINGTON
_____________________________ _______________________________
By: James Beaver Date By: Robert Koch Date
Chairman, Benton County Commission Chairman, Franklin County Commission
_____________________________ ________________________________
By: Jerome Delvin Date By: Brad Peck Date
Benton County Commissioner Franklin County Commissioner
______________________________ ________________________________
By: Shon Small Date By: Rick Miller Date
Benton County Commissioner Franklin County Commissioner
Attest: Attest:
_______________________________ _________________________________
Clerk of the Board Clerk of the Board
Approved as to Form: Approved as to Form:
_______________________________ __________________________________
Ryan Brown By:
Chief Deputy Prosecuting Attorney, Civil Franklin County Deputy Prosecutor
[Signatures Continue Below]
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Second Amended and Restated BCES Interlocal (2017) Page 15
CITY OF PASCO CITY OF RICHLAND
______________________________ ___________________________________
By: Dave Zabell Date By: Cynthia D. Reents, ICMA-CM Date
Pasco City Manager Richland City Manager
Attest: Attest:
______________________________ ____________________________________
Sandy Kenworthy, Interim City Clerk Marcia Hopkins, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Lee Kerr, Pasco City Attorney Heather Kintzley, Richland City Attorney
CITY OF KENNEWICK CITY OF WEST RICHLAND
______________________________ ___________________________________
By: Marie E. Mosley Date By: Brent Gerry Date
Kennewick City Manager Mayor
Attest: Attest:
______________________________ ____________________________________
Terry Wright, City Clerk City Clerk Julie Richardson
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Lisa Beaton, Kennewick City Attorney Bronson Brown
West Richland City Attorney
[Signatures Continue Below]
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Second Amended and Restated BCES Interlocal (2017) Page 16
CITY OF PROSSER CITY OF BENTON CITY
______________________________ ___________________________________
By: Randy Taylor Date By: Linda Lehman Date
Mayor Mayor
Attest: Attest:
_______________________________ ____________________________________
Rachel Shaw, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Howard Saxton, Prosser City Attorney Lee Kerr, City Attorney for Benton City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2, AND 4
____________________________________ Attest: ______________________________
By: E.W. “Bill” Houchin, Commission Chair
BCFPD #1
Date: _______________
___________________________________ Attest: ______________________________
By: Barry Orth, Commission Chair
BCFPD #2
Date: _______________
___________________________________ Attest: ______________________________
By: A.J. Hill, Commission Chair
BCFPD #4
Date: _______________
[Signatures Continue Below]
Page 47 of 84
Second Amended and Restated BCES Interlocal (2017) Page 17
PUBLIC UTILITY DISTRICT #1 OF BENTON COUNTY (BENTON PUD)
___________________________________ Attest: ______________________________
By: Chad Bartram
General Manager
Date: _______________
Page 48 of 84
RESOLUTION NO.100-17
A RESOLUTION ofthe City of Richland authorizing the
executionofa Transition and Buy-In Agreement with the City of
Pasco and Franklin County to govern the transition necessary
to add the City of Pasco and Franklin County as member
agencies to the administrative entity known as Benton County
Emergency Services (BCES).
WHEREAS,Benton County Emergency Services isa local organization created in
1996 pursuant to the Interlocal Cooperation Act,Chapter 39.34 RCW,and RCW
38.52.070 related to Emergency Management;and
WHEREAS,the members of BCES have agreed that the City of Richland,as the
Administrative Jurisdiction,shall currently be the legal entity responsible for employing
staffand providing necessary support services forBCESoperations; and
WHEREAS,through establishment of the Southeast Communications Center
("SECOMM"),BCES provides communication and dispatching for public safety and
emergencies for jurisdictions located in incorporated and unincorporated Benton County,
and for any agencies contracting for such services;and
WHEREAS,Franklin County andthe City ofPasco are each obligated to provide
communication and dispatching for public safety and emergencies,anddesireto join with
BCES in ordertocreate a bi-county operation of emergency dispatch services;and
WHEREAS,Franklin County and Pasco are committed to paying the costs
associated with the transition steps necessary to join BCES,as well as,upon completion
ofthe transition,a payment of Five Hundred Thousand Dollars ($500,000)each into the
SECOMM Fund as a non-refundable capital contribution for use by BCES;and
WHEREAS,upon successful completion ofthe transitions steps identified in the
Transition and Buy-In Agreement,the respective legislative authorities agreeto execute
a Seconded Amended and Restated Interlocal Agreement in substantially the form
presented as Exhibit Ato the Transition and Buy-In Agreement.
NOW,THEREFORE,BE IT RESOLVED by the City Council ofthe City of Richland.
that the City Manager is authorized to sign and execute the Transition and Buy-In
Agreement with the City of Pasco and Franklin County to govern the transition necessary
toaddthe City ofPasco and Franklin County as member agenciesto BCES.
BE IT FURTHER RESOLVED that this resolution shall take effect immediately.
Adopted 6/20/2017 1 Resolution No.100-17
Page 49 of 84
ADOPTED by the City Council ofthe City of Richland at a regular meeting onthe
20^^day of June,2017.
ATTEST:
MARCIA HOPKlfJS'
City Clerk
Adopted 6/20/2017
ROBERT J.THOMPSON
Mayor
APPROVED AS TO FORM:
HEATHER KINTZLEY ^
City Attorney
Resolution No.100-17
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Second Amended and Restated BCES Interlocal (2018) Page 1
WHEN RECORDED RETURN TO:
City of Richland
Attn: City Attorney
505 Swift Boulevard MS-07
Richland, WA 99352
SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY SERVICES
THIS SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT is made and
entered into by and between the following entities (collectively, the “Parties”):
Benton County, a political subdivision of the State of Washington;
Franklin County, a political subdivision of the State of Washington;
City of Kennewick, a Washington municipal corporation;
City of Richland, a Washington municipal corporation;
City of West Richland, a Washington municipal corporation;
City of Prosser, a Washington municipal corporation
City of Benton City, a Washington municipal corporation;
City of Pasco, a Washington municipal corporation;
Benton County Fire Protection District Nos. 1, 2, and 4, all of which are Washington special
purpose districts; and
Public Utility District #1 of Benton County, a Washington special purpose district.
I. RECITALS
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes public
agencies to make the most efficient use of their powers by enabling them to cooperate with each
other based on mutual advantage, and to collectively exercise the rights and powers they hold
individually through the execution of an interlocal cooperative agreement; and
WHEREAS, RCW 38.52.070 authorizes and directs each county, city and town within the
State of Washington to establish a local organization for emergency management in accordance
with the State Emergency Management Plan and Program, and permits the State Director of
Emergency Management to authorize two or more counties, cities and towns to join in the
establishment and operation of a local organization for emergency management; and
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Second Amended and Restated BCES Interlocal (2018) Page 2
WHEREAS, Benton County Emergency Services (“BCES”) is such a local organization
created in 1996 pursuant to the Interlocal referenced in Section 7, and the Parties to this Agreement
wish to continue that organization under the terms of this Second Amended and Restated Interlocal
Agreement; and
WHEREAS, in addition to emergency management services, Benton County Emergency
Services, through establishment of the Southeast Communications Center, has also provided
communication and dispatching for public safety and emergencies for some jurisdictions located
in incorporated and unincorporated Benton County, and for any agencies contracting for such
services; and
WHEREAS, the cities of Kennewick, Richland, West Richland, Prosser, Benton City,
Benton County and Benton County Fire District Nos. 1, 2 and 4, and with limited participation by
Benton County Public Utility District #1 (“Benton PUD”) (collectively, the “Existing Partners”)
intend to continue to provide county-wide operation of emergency dispatch services under the
terms of this Agreement, and, along with the city of Pasco and Franklin County (the “New
Partners”), all Parties to this Agreement now intend to provide bi-county operation of emergency
dispatch services, with each Party participating to the extent identified herein; and
WHEREAS, the Existing Parties have operated BCES pursuant to the Amended and
Restated Interlocal Cooperation Agreement for Benton County Emergency Services effective
January 23, 2012 (“2012 BCES Interlocal Agreement”); and
WHEREAS, BCES has established a digital 800MHz radio system that provides and will
continue to provide viable public safety communications for many years into the future; and
WHEREAS, Benton County, the cities of Kennewick and Richland, and Benton PUD
provide a single microwave system exclusively located in Benton County (hereinafter “Benton
County Microwave System”); and
WHEREAS, Benton PUD is a limited voting member of the BCES Executive Board
authorized to vote exclusively on the Benton County Microwave System and related funding issues
and in return for such rights it agreed in the 2012 BCES Interlocal Agreement not to exercise its
right of first refusal to acquire ownership of microwave equipment from the State of Washington
that are part of the Benton County Microwave System; and
WHEREAS, Franklin County and public safety agencies within that county operate under
a separate microwave system exclusively located in Franklin County (hereinafter “Franklin County
Microwave System”).
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in
accordance with RCW 39.34, RCW 38.52 and Section 6 of the 2012 BCES Interlocal Agreement,
the Parties hereto agree to this Second Amended and Restated Interlocal Agreement as follows:
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Second Amended and Restated BCES Interlocal (2018) Page 3
II. AGREEMENT
1. INCORPORATION OF RECITALS
The recitals set forth above are hereby incorporated into this Agreement by reference.
2. PURPOSE
The purpose of this Agreement is to provide for the effective and economical operations of Benton
County Emergency Services (BCES), a local administrative entity and joint venture between the
above-referenced Parties (also referred to as the “Organization”).
3. ORGANIZATIONAL STRUCTURE
Benton County Emergency Services consists of two (2) divisions: Benton County Emergency
Management (BCEM) and Southeast Communications Center (SECOMM).
A. General. The Organization shall consist of an Executive Board, Strategic Advisory Team,
Customer Agency Groups and various committees as created by the Executive Board.
1. Appointment of Administrative Jurisdiction; Duration. An Administrative Jurisdiction
shall be designated by the Executive Board. The Administrative Jurisdiction shall serve
unless or until such service is terminated by the Executive Board, or until the
Administrative Jurisdiction withdraws after having provided a minimum of nine (9)
month’s written notice of intent to withdraw. The City of Richland is currently designated
as the Administrative Jurisdiction. All employees staffing BCES shall be employees of the
Administrative Jurisdiction.
2. Duties of Administrative Jurisdiction. The Administrative Jurisdiction shall have full
responsibility for the operation of the Organization, and shall provide all necessary support
for the Organization. The Administrative Jurisdiction shall perform its duties pursuant to a
contractual agreement with Benton County Emergency Services that shall automatically
renew every five (5) years, subject to any renegotiations between the Administrative
Jurisdiction and the Executive Board. This contractual agreement shall be fully executed
by December 1, 2017. The Administrative Jurisdiction shall appoint a BCES Director,
which appointment shall be subject to confirmation by the Executive Board. The BCES
Director shall be removed only at the direction of the Administrative Jurisdiction.
3. Governing Policies. BCES shall follow the policies established by the Administrative
Jurisdiction for all efforts related to Finance, Human Resources, Legal, Risk & Safety, and
Purchasing. To ease future transition between Administrative Jurisdictions, BCES shall
operate and maintain an independent email system.
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B. Executive Board Duties; Membership; Voting. The Executive Board shall be the governing
body of the administrative entity known as Benton County Emergency Services, and shall be
responsible for approving BCES-specific policies, contracts, the annual budget, and
confirmation of the Administrative Jurisdiction’s appointment of the BCES Director. The
Executive Board shall also be responsible for ensuring the Parties’ compliance with the legal
requirements of RCW 38.52.
1. Subject to the voting procedures and restrictions set forth herein, the Executive Board shall
consist of one representative from the Benton County Commissioner's Office, one
representative from the Franklin County Commissioner's Office, one representative from
each of the cities of Kennewick, Richland, Prosser, West Richland, Benton City, and Pasco,
a single representative collectively representing Benton County Fire Protection District
Nos. 1, 2 and 4, and one representative from Benton PUD.
2. Whenever they are entitled to vote, Benton County, Franklin County and the cities of
Kennewick, Pasco and Richland shall be allowed two (2) votes each. Whenever they are
entitled to vote, West Richland, Prosser, Benton City and Benton PUD shall have one (1)
vote each. Whenever they are entitled to vote, Benton County Fire Protection District Nos.
1, 2 and 4 shall collectively share a single vote. Benton PUD is only entitled to vote on the
annual Benton County Microwave System assessment, the cost of Benton County
Microwave System operations, replacement of Benton County Microwave System
equipment, and Benton County Microwave System expansion or reduction. Specifically,
but without limitation, the Benton PUD representative shall not have voting rights for
matters relating to the BCES organizational structure and operations.
3. A simple majority of the number of members of the Executive Board shall be a quorum,
and a simple majority of votes shall prevail unless otherwise set forth herein. Attendance
or non-attendance of the Benton PUD’s representative shall not be counted or considered
with respect to quorum determination.
4. The following are the only representatives authorized to vote on matters associated with
Southeast Communications Center (SECOMM):
Representatives for the cities of Kennewick, Richland, Pasco, and West Richland*
and Prosser*;
Representatives for the counties of Benton and Franklin;
The representative for Benton County Fire Protection District Nos. 1, 2 and 4
casting a single vote for the three entities.*
*Note: No future contracted subscribers to SECOMM shall be entitled to vote.
5. The following are the only representatives authorized to vote on matters related to the
800MHz system:
Representatives for the cities of Kennewick and Richland;
The representative for the county of Benton.
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6. The following are the only representatives authorized to vote on matters associated with
operation and maintenance of the Benton County Microwave System and related funding:
Representatives for the cities of Kennewick and Richland;
The representative for the county of Benton;
The representative for Benton PUD.
7. The following are the only representatives authorized to vote on items associated with
Benton County Emergency Management (BCEM):
Representatives for the cities of Kennewick, Richland, West Richland, Prosser
and Benton City;
The representative for the county of Benton.
8. For items not specifically associated with the Benton County Microwave System, the 800
MHz system, Southeast Communications Center, or Benton County Emergency
Management, all representatives, except the Benton PUD representative, may vote.
9. Absence of a representative at a meeting where such a representative is entitled to vote on
an issue will result in forfeiture of voting rights for that meeting.
C. Strategic Advisory Team. Working directly with BCES leadership, the Strategic Advisory
Team (SAT) will assist in developing strategies for addressing issues such as establishing
standardized procedures and incorporating changes in technology. To facilitate the policy-
making role of the Executive Board, it may assign to the SAT certain policy reviews, projects,
and tasks. The Strategic Advisory Team may consist of one (1) representative from each of the
following:
Kennewick Fire Department Connell Police Department
Kennewick Police Department Connell Fire Department
Richland Police Department Pasco Police Department
Richland Fire Department Pasco Fire Department
West Richland Police Department West Benton Fire and Rescue
Benton County Sheriff's Office North Franklin County Hospital District
Franklin County Sheriff’s Office City of Prosser
Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
Benton County Fire Protection Districts 1,
2, 4, 5 & 6 (1 Rep)
The SAT representative will be the agency Chief or Sheriff and a senior level executive from
the City of Prosser.
D. Customer Agency Group. The Customer Agency Group (CAG) is established to allow
customers of BCES to communicate suggestions, ideas, or concerns regarding service,
operational policies, and/or procedural issues. The CAG will be comprised of two divisions:
Law Enforcement and Fire/EMS. Each division will elect a chairperson to represent the
concerns of their division to the BCES Director or at joint CAG meetings. The Customer
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Agency Group may consist of one (1) representative from each of the following:
Kennewick Police Department Connell Police Department
Kennewick Fire Department Connell Fire Department
Richland Police Department Pasco Police Department
Richland Fire Department Pasco Fire Department
West Richland Police Department West Benton Fire and Rescue
Benton County Sheriff's Office North Franklin County Hospital District
Franklin County Sheriff’s Office City of Prosser Police Department
City of Benton City Benton PUD
Franklin County Fire Protection
Districts 1, 2, 3, 4 & 5 (1 Rep)
Walla Walla Fire Protection District 5
Benton County Fire Protection Districts 1,
2, 4, 5, & 6 (1 Rep)
1. Issues that impact only one division will be communicated to the BCES Director from the
chair of the division. Any recommendations made by either division must be approved by
a majority of the agencies before they can be submitted to the Director for consideration.
Items for which there is no majority support will require the use of the agency input
process.
2. Should an issue be relevant to both divisions, a meeting may be called by the BCES
Director or either division chairperson. Attendees to such meeting will be limited to the
BCES Director, the SECOMM Communications Manager and/or Emergency Management
Manager, and both division chairpersons.
3. Working groups or sub-committees may be created by either division to address
operational issues for which operational-level employees or subject matter experts should
be involved. These groups and/or sub-committees will report directly to their division
chairperson. Additionally, to expedite the development of recommendations that are sound
and have the greatest likelihood of success, recommendations will be vetted with a senior
subject matter expert dispatcher for additional input. The dispatcher would have no vote in
the process of moving forward with an issue.
E. BCES Director. The Director, under direction of the Administrative Jurisdiction, shall maintain
and operate Benton County Emergency Services, and shall be responsible for the
implementation of the directives of the Executive Board and the policies and procedures of the
Executive Board or the Administrative Jurisdiction, as the case may be. The Director shall be
responsible for developing, organizing, and coordinating emergency preparedness planning,
training and implementation. The Director shall be responsible for organizing, developing and
coordination of E-911 and bi-county communication systems, and shall have such other duties
and responsibilities as the Administrative Jurisdiction designates from time to time.
F. Notice to Benton PUD. Benton PUD shall receive notice and an informational packet for all
Executive Board Meetings. Packets will be provided electronically the week prior to a
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scheduled Executive Board Meeting, and will identify the issues that Benton PUD may vote
upon. Should there be a matter upon which Benton PUD is entitled to vote at the scheduled
meeting, Benton PUD must have a representative present at that meeting. Benton PUD may
vote only on matters upon which Benton PUD is entitled to vote pursuant to section 3(B)(6) of
this Agreement. No voting will occur for any matters set forth in Section 3(B)(6) without
advance notice to Benton PUD as provided herein. If Benton PUD believes it is entitled to vote
on a matter identified in an Executive Board packet, but such packet does not so indicate,
Benton PUD must raise the issue at the upcoming Executive Board meeting, or it will be
deemed to have waived any voting rights not exercised at that meeting.
4. FINANCES
Benton County Emergency Services maintains four separate funds consisting of:
One (1) fund for Benton County Emergency Management;
One (1) fund for Southeast Communications Center;
One (1) fund for the acquisition, maintenance and operation of the 800MHz; and
One (1) fund for the maintenance and operation of the Benton County Microwave System.
These funds are maintained and administered by the Administrative Jurisdiction in lieu of the
Treasurer of the City of Kennewick, the most populous entity. All monies received for the benefit
and use of Benton County Emergency Services, including financial contributions by the Parties to
this Agreement in accordance herewith, shall be deposited into the appropriate fund.
A. Benton County Emergency Management (EM Operations) Fund. Except for Benton PUD,
Pasco, and Franklin County, each Party to this Agreement shall contribute to the cost of
emergency management upon such fair and equitable basis as shall be determined by the
Executive Board. If, in any case, the Executive Board is unable to agree upon the proper
contributions by the Parties hereto, the decisions shall be referred to the State Emergency
Management Council for arbitration, and the Council's decision shall be final and binding upon
the Parties hereto. Except for Benton PUD, Franklin County and Pasco, each party shall pay
its share of the cost of emergency management into the Benton County Emergency
Management Fund which is maintained and administered by the Administrative Jurisdiction.
The Executive Board shall have the authority to proportionately levy, by percentage of total
budget responsibility, additional fees to cover unexpected liabilities, including uninsured civil
judgments. If the cost overrun or liability is the result of a single agency, the entire cost will
be borne by that agency.
B. Southeast Communications Center (SECOMM Operations) Fund. SECOMM shall be financed
by the proceeds of a telephone excise tax that shall be imposed at the same rate by both Benton
and Franklin counties, an annual levy upon the Parties, except for Benton PUD and City of
Benton City, and by contract fees paid by contracting agencies as determined by the Executive
Board. Each Party hereto shall contribute its share of the costs of the typical and customary
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operation and administration of SECOMM as established by the Executive Board. Such
contributions shall be determined annually by the Executive Board for inclusion in the Parties'
annual budgets. The assessment for any user or member entering SECOMM mid-budget year
shall be determined by the Executive Board and pro-rated relative to the months of service
remaining in the existing budget year. In the first annual budget developed after BCES begins
providing Franklin County and Pasco with communication and dispatching for public safety
and emergencies, the SECOMM budget funding model will substitute population data for calls
for service data wherever calls for service data has been used to allocate agency assessments.
Funding models for subsequent SECOMM budgets shall be determined by the Executive
Board. Assessments shall be paid in periodic installments on a schedule determined by the
Executive Board. In the event an unforeseen exigent circumstance or uninsured civil judgment
results in costs to the Organization in excess of the budgeted expenses for operation and
administration, the Executive Board is authorized to proportionately levy, by percentage of
total budget responsibility, additional fees to cover the unexpected liability. Such excess costs
shall be promptly remitted, upon demand, to Benton County Emergency Services. If the cost
overrun is attributable to a single agency’s action or inaction, the entire cost overrun shall be
borne by that agency.
C. 800MHz Fund. The 800MHz Fund shall be used for the maintenance and operation of any
800MHz radio system, whether analog or digital, utilized by BCES. The Executive Board is
authorized to levy annual radio assessments upon all Parties who use radios under the 800MHz
system, and to impose contract fees upon any contracting agencies for use of the same.
Assessments shall be determined annually by the Executive Board for inclusion in the Parties’
annual budgets. Assessments shall be paid in periodic installments on a schedule determined
by the Executive Board. In the event an unforeseen exigent circumstance or uninsured civil
judgment results in costs to the Organization in excess of the budgeted expenses for operation
and administration of the 800MHz system, the Executive Board is authorized to
proportionately levy, by percentage of the Parties’ total 800 MHz budget responsibility,
additional fees to cover the unexpected liability. Such excess costs shall be promptly remitted,
upon demand, to Benton County Emergency Services. If the cost overrun is attributable to a
single agency’s action or inaction, the entire cost overrun shall be borne by that agency.
D. Benton County Microwave System Fund. The Benton County Microwave System Fund shall
be used for the maintenance and operation of the Benton County Microwave System utilized
by BCES. The Executive Board is authorized to levy annual assessments upon all Parties who
use the Benton County Microwave System, and to impose contract fees upon any contracting
agencies. Such assessments shall be determined annually by the Executive Board for inclusion
in the Parties’ annual budgets. Assessments shall be paid in periodic installments on a schedule
determined by the Executive Board. In the event an unforeseen exigent circumstance or
uninsured civil judgment results in costs to the Organization in excess of the budgeted expenses
for maintenance and operation of the Benton County Microwave System, the Executive Board
is authorized to proportionately levy, by percentage of the Parties’ total Benton County
Microwave System budget responsibility, additional fees to cover the unexpected liability.
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Such excess costs shall be promptly remitted, upon demand, to Benton County Emergency
Services. If the cost overrun is attributable to a single agency’s action or inaction, the entire
cost overrun shall be borne by that agency. Neither Franklin County nor any of the Parties to
this Agreement located therein shall acquire or be deemed to have acquired any ownership
interest whatsoever in any property or equipment that comprises the Benton County
Microwave System.
1. Franklin County Microwave System. Although the Benton County Microwave System and
the Franklin County Microwave System are technically interconnected and create a Bi-
County Microwave System utilized by BCES, Benton County and those Parties to this
Agreement who are located therein are the only Parties obligated to contribute to the
Benton County Microwave System as provided under Section 4.D above. Franklin County
shall be solely responsible for all costs associated with maintenance, operation and
improvements to the Franklin County Microwave System. Neither Benton County nor any
of those Parties to this Agreement located therein shall acquire any ownership interest
whatsoever in any property or equipment that comprises the Franklin County Microwave
System. Franklin County shall defend, indemnify and hold harmless Benton County and
those Parties to this Agreement who are located therein for all claims related in any way
to, Franklin County’s maintenance or operation of the Franklin County Microwave System
as it presently exists or is modified in the future. “Claim” means any loss, claim, suit,
action, liability, damage or expense of any kind or nature whatsoever, including but not
limited to attorneys’ fees and costs, attributable to personal or bodily injury, sickness,
disease or death, or injury to or destruction of property, including the loss of uses resulting
therefrom.
E. The BCES Director, upon approval by the Executive Board, is authorized to make expenditures
on behalf of the Organization in accordance with the policies and procedures of the
Administrative Jurisdiction.
F. An annual budget for the Organization shall be prepared by the BCES Director in accordance
with the policies and procedure of the Administrative Jurisdiction. The annual budget requires
Executive Board approval.
G. Contribution to SECOMM Fund. Within thirty (30) calendar days of the date of execution of
this Agreement by all Parties, Franklin County and Pasco shall each make an irrevocable
contribution of Five Hundred Thousand Dollars ($500,000) to the SECOMM Fund. Failure to
make the contributions as provided herein shall result in suspension of services to the non-
compliant Party by BCES.
H. Radio System Upgrade (SUA). Beginning with the first annual BCES budget developed after
BCES begins providing Franklin County and Pasco with communication and dispatching for
public safety and emergencies, and continuing with each successive BCES budget thereafter,
the allocation of costs to support the trunked radio system shall be equally divided between
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Benton County, Franklin County, and the cities of Kennewick, Pasco and Richland.
Contributions made by Franklin County and Pasco shall not create, nor be construed to create,
any ownership interest in the trunked radio system.
5. PROPERTY AND EQUIPMENT
A. Ownership Interests Maintained. Except as authorized by the Executive Board with respect to
transfer by FEMA of ownership of assets acquired with CSEPP funds, the digital 800MHz
radio system, and the Benton County Microwave System Fund, the ownership interests in
property, equipment, or funds acquired by or through Benton County Emergency Management
shall continue to be shared by Benton County and the cities of Kennewick, Richland, West
Richland, Prosser, and Benton City in proportion to the financial and in-kind contribution of
each party in the year such property, equipment, or monies was acquired, unless provided
otherwise herein. Franklin County and Pasco shall take no ownership interest whatsoever in
any property, equipment or monies belonging to BCES as of the effective date of this
Agreement. Any ownership interest acquired thereafter by Franklin County and/or city of
Pasco shall be only as provided herein.
B. Benton PUD Property Interests. Buildings and towers owned by Benton PUD, and site or
ground leasehold interests held by Benton PUD at the Prosser site, the Joe Butte Site, and the
Umatilla Ridge site will remain in their ownership or leasehold interests. Benton PUD agrees
that, in return for the rights granted under this Agreement, it will not exercise its right of first
refusal to acquire any microwave system or parts thereof from the State, and agrees to allow
the State to transfer such assets to the joint ownership of Benton County and the cities of
Kennewick and Richland in the following percentages: fifty percent (50%) to Benton County;
twenty-five percent (25%) to Kennewick; twenty-five percent (25%) to Richland. Benton PUD
will not have a right to or ownership in any BCES assets, including the Benton County
Microwave System, unless this Agreement is amended so as to grant Benton PUD ownership
interests in particular assets.
C. Specific Properties Owned Solely By Benton County, Richland and Kennewick. All Parties
hereto acknowledge that the federal government may have ownership interests or rights with
respect to equipment purchased with funds provided by the federal government. All Parties
further acknowledge and agree that the digital 800MHz radio system, the real property and
improvements located at 651 Truman Avenue in Richland, Washington, the leasehold interest
and 800 MHz equipment used by Benton County Emergency Services and the Parties hereto
at the several existing sites and the Benton County Microwave System used by Benton County
Emergency Services shall be owned exclusively by Benton County, and the cities of Richland
and Kennewick as follows: fifty percent (50%) ownership by Benton County; twenty-five
percent (25%) ownership by Kennewick; twenty-five percent (25%) ownership by Richland.
The contributions by Pasco and Franklin County required pursuant to section 4.G above do not
create any ownership interests in the above assets by those entities.
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D. Ownership Interests – SECOMM Fund. Property, equipment, or monies acquired through the
Southeast Communications Center Fund on and after the day following the effective date of
this Agreement shall be owned in equal shares by Benton County, Franklin County and the
cities of Kennewick, Richland and Pasco, except to the extent acquired through revenue of
E911 taxes as set forth below. Benton County, Franklin County and the cities of Kennewick,
Pasco and Richland are the only Parties to this Agreement responsible for contributing toward
capital expenditures in the budget process.
E. Ownership Interests – E911 Taxes. Property, equipment, or monies acquired through the
receipt of E911 taxes prior to and after the effective date of this Agreement shall be the property
of Benton and Franklin Counties based on the percentage of E911 tax funds contributed by
each county toward said property, equipment or monies.
6. PUBLIC RECORDS REQUESTS
A. To comply with BCES’s obligation to respond to public records requests, and to minimize
legal risk to the Parties, the Parties agree that all original records prepared, owned, used, or
retained by BCES shall be provided to and maintained by the Administrative Jurisdiction.
B. When a public records request is received by BCES under the Washington State Public
Records Act, Chapter 42.56 RCW, staff assigned to support BCES will complete a search for
responsive records and respond to the request pursuant to the Public Records policy established
by the Administrative Jurisdiction. To the extent legal review is needed to respond to a request,
the City Attorney for the Administrative Jurisdiction will provide the review. The Parties
acknowledge that the Administrative Jurisdiction has ultimate authority to release or withhold
records pursuant to the Washington State Public Records Act.
7. DURATION OF AGREEMENT; TERMINATION
This Agreement shall become effective only upon execution by all Parties and filing with each
County Auditor in compliance with RCW 39.34.040. Upon the effective date, this Agreement shall
replace all prior oral agreements, contracts, interlocals and amendments thereto, including those
agreements that have been recorded with the Benton County Auditor, and shall specifically, but
without limitation, supersede the Interlocal Agreement for Benton County Emergency Services
recorded with the Benton County Auditor on October 1, 1996, the Interlocal Agreement for Benton
County Emergency Services Interlocal Cooperation Agreement effective September 1, 2006,
Amendment 1 thereto dated May 11, 2009, and the 2012 BCES Interlocal Agreement. The initial
term of this Agreement shall be ten (10) years, after which this Agreement shall automatically
extend for successive five (5) year terms unless one or more Parties objects to extending the
Agreement no later than six (6) months prior to expiration. Objections to extension of this
Agreement shall be submitted in writing to the Executive Board.
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8. AMENDMENTS
Amendments to this Agreement shall only be made upon an affirmative vote of at least twelve (12)
votes in favor of amendment, without any vote by Benton PUD, which shall not have a vote on
amendments. This section shall not affect how the Board operates and conducts its business.
9. WITHDRAWALS
Any Party may withdraw from this Agreement upon providing six (6) month’s advanced written
notice to the Executive Board. A withdrawing Party shall remain liable for obligated payments,
and shall be refunded any payments made but not obligated prior to the date of actual withdrawal.
Any Party so withdrawing shall be responsible for complying with Washington State law regarding
its obligations to provide emergency management and dispatch services. Upon the act of
withdrawing from this Agreement, the withdrawing Party shall be deemed to have forfeited and
released all ownership interest it may have in any property, equipment or monies it may have or
otherwise been eligible to receive under this Agreement.
10. ALLOCATION OF LIABILITY; INDEMNIFICATION
A. Each party shall be solely responsible for its own wrongful or negligent conduct. Each party
promises to indemnify and hold harmless and release all other Parties from any loss, claim or
liability arising from or out of the negligent tortious actions or inactions of its employees,
officers and officials. Such liability shall be apportioned among the Parties or other at-fault
persons or entities in accordance with the laws of the State of Washington. Nothing herein
shall be interpreted to:
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of a Party to exercise any right, defense, or remedy which a Party may
have with respect to third parties or the employee(s) whose action or inaction gave rise to
loss, claim or liability, including, but not limited to, an assertion that the employee(s) acted
beyond the scope of employment.
3. Cover or require indemnification or payment of any judgment against any individual or
agency for intentionally wrongful conduct outside the scope of employment of any
individual, or for judgment for punitive damages against any individual or agency.
Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of
the individual against whom said judgment is rendered and/or his or her agency employer,
should that employer voluntarily elect to make said payment. This Agreement does not
require indemnification of any punitive damage awards or for any order imposing fines or
sanctions.
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11. SEVERABILITY
If any part of this Agreement is held to be illegal or unenforceable by a court of competent
jurisdiction, to the extent possible and practicable, the remaining parts of the Agreement shall
remain in effect and be binding upon all Parties hereto.
12. NO SEPARATE LEGAL ENTITY
No separate legal entity is created upon execution of this Interlocal Agreement.
13. GOVERNING LAW; VENUE
Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute
arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be
construed in accordance with the laws of the State of Washington.
14. WAIVER
No waiver by any Party hereto of any terms or conditions of this Agreement shall be deemed or
construed to be a waiver of any other term or condition, nor shall the waiver of any breach be
deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any
other term or condition of this Agreement.
15. NO THIRD PARTY RIGHTS
Nothing in this Agreement shall create or be deemed to create any rights in any person or entity
not a party to this Agreement.
[Signature Page to Follow]
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Second Amended and Restated BCES Interlocal (2018) Page 14
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
identified next to their signatures below.
BENTON COUNTY, WASHINGTON FRANKLIN COUNTY, WASHINGTON
_____________________________ _______________________________
By: James Beaver Date By: Robert Koch Date
Chairman, Benton County Commission Chairman, Franklin County Commission
_____________________________ ________________________________
By: Jerome Delvin Date By: Brad Peck Date
Benton County Commissioner Franklin County Commissioner
______________________________ ________________________________
By: Shon Small Date By: Rick Miller Date
Benton County Commissioner Franklin County Commissioner
Attest: Attest:
_______________________________ _________________________________
Clerk of the Board Clerk of the Board
Approved as to Form: Approved as to Form:
_______________________________ __________________________________
Ryan Brown By:
Chief Deputy Prosecuting Attorney, Civil Franklin County Deputy Prosecutor
[Signatures Continue Below]
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Second Amended and Restated BCES Interlocal (2018) Page 15
CITY OF PASCO CITY OF RICHLAND
______________________________ ___________________________________
By: Dave Zabell Date By: Cynthia D. Reents, ICMA-CM Date
Pasco City Manager Richland City Manager
Attest: Attest:
______________________________ ____________________________________
Daniela Erickson, City Clerk Marcia Hopkins, City Clerk
Approved as to Form: Approved as to Form:
______________________________ ____________________________________
Lee Kerr, Pasco City Attorney Heather Kintzley, Richland City Attorney
CITY OF KENNEWICK CITY OF WEST RICHLAND
______________________________ ___________________________________
By: Marie E. Mosley Date By: Brent Gerry Date
Kennewick City Manager Mayor
Attest: Attest:
______________________________ ____________________________________
Terri L. Wright, City Clerk City Clerk Julie Richardson
Approved as to Form: Approved as to Form:
_______________________________ ____________________________________
Lisa Beaton, Kennewick City Attorney Bronson Brown
West Richland City Attorney
[Signatures Continue Below]
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Second Amended and Restated BCES Interlocal (2018) Page 16
CITY OF PROSSER CITY OF BENTON CITY
______________________________ ___________________________________
By: Randy Taylor Date By: Linda Lehman Date
Mayor Mayor
Attest: Attest:
_______________________________ ____________________________________
Rachel Shaw, City Clerk Stephanie Haug, City Clerk
Approved as to Form: Approved as to Form:
_______________________________ ____________________________________
Howard Saxton, Prosser City Attorney Lee Kerr, City Attorney for Benton City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2, AND 4
____________________________________ Attest: ______________________________
By: Jerry F. Morris, Commission Chair
BCFPD #1
Date: _______________
___________________________________ Attest: ______________________________
By: Barry Orth, Commission Chair
BCFPD #2
Date: _______________
___________________________________ Attest: ______________________________
By: A.J. Hill, Commission Chair
BCFPD #4
Date: _______________
[Signatures Continue Below]
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Second Amended and Restated BCES Interlocal (2018) Page 17
PUBLIC UTILITY DISTRICT #1 OF BENTON COUNTY (BENTON PUD)
___________________________________ Attest: ______________________________
By: Chad Bartram
General Manager
Date: _______________
Page 67 of 84
AGENDA REPORT
FOR: City Council May 6, 2018
TO: Dave Zabell, City Manager
Steve M. Worley, Public Works Director
Workshop Meeting: 6/11/18
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Complete Streets Policy Ordinance
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion Only
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On September 6, 2016, City Council approved Resolution No. 3725 adopting a
Complete Streets Policy within the City of Pasco.
Complete Streets
"Complete Streets" is a concept that promotes streets that are safe and convenient for
all users including motor vehicle drivers and passengers, pedestrians, bicyclists, transit
riders, etc. and provides accommodation for all such transportation uses.
Three important ideas of Complete Streets are:
- Protect vulnerable users.
- Provide mobility options.
- Create healthy, livable communities.
The City's Complete Streets policy confirms the commitments the City has already
made to safety for all road users through our Bicycle and Pedestrian Master Plan. The
policy applies to all transportation projects wit hin City right-of-way, both local and
Page 68 of 84
arterial.
Funding Opportunity
The Transportation Improvement Board (TIB) Complete Streets Program is a new
funding opportunity for local governments. The state legislature provided funding in
2015 and the first awards were given in January of 2017. Awards ranged between
$125,000 and $500,000.
The TIB has developed this new funding source to be different from its other grant
programs both in selection and disbursement. The selection process requires the City
to solicit nominations rather than applying directly. Awarded money is disbursed at
once rather than a reimbursement basis. The Complete Streets Award is granted based
on a program rather than a specific project proposal. Only cities within Washington
state who have an adopted complete streets ordinance are eligible.
The next awards are tentatively scheduled for an open call in July 2018 and awards in
early 2019. Nominations by nominating organizations will be due to TIB by December
14th, 2018. Nominating organizations will set their own deadlines for local agencies to
be considered.
V. DISCUSSION:
This ordinance sets forth the Complete Streets Policy for City of Pasco, thereby
confirming Pasco's commitment to the safety of our citizens and making Pasco eligible
for upcoming grant funding.
Page 69 of 84
Ordinance Creating 12.35
“Complete Streets Policy” - 1
ORDINANCE NO.__________
AN ORDINANCE of the City of Pasco, Washington
adopting Pasco’s Complete Streets Program creating Chapter
12.35 “Complete Streets Policy” to the Pasco Municipal Code
WHEREAS, in 2016, the Pasco City Council approved Resolution No. 3275, adopting a
Complete Streets Policy within the City of Pasco; and
WHEREAS, the City of Pasco is committed to the safety and health of its residents and
visitors; and
WHEREAS, the “Complete Streets” concept promotes streets that are safe and
convenient for all users of the City ways; and
WHEREAS, promoting pedestrian, bicycle and transit travel as an alternative to
automobiles reduces negative environmental impacts, promotes healthy living and is less costly
to the commuter; and
WHEREAS, the development of a more complete transportation network or “Complete
Streets” can improve pedestrian safety, increase the transportation network’s capacity, and
promote improvements in public health; and
WHEREAS, studies have found that providing more travel options, including public
transportation, bicycling and walking facilities, is an important element in reducing congestion;
and
WHEREAS, the Complete Streets Policy is consistent with the goals of the City’s
Comprehensive Plan - - Transportation Element; and
WHEREAS, transportation costs can be reduced when local infrastructure encourages
active transportation, which helps families replace car trips with bicycling, walking, or taking
public transit. When roads are redesigned and maintained to attract pedestrians, the local
economy improves and diversifies from increased buyers, which creates job growth and
increased investment in the area, including surrounding property values; and
WHEREAS, the Washington State legislature has passed Complete Streets legislation
that encourages the Washington State Department of Transportation and local governments to
consider all users in transportation-related projects and provided for funding a Complete Streets’
grant program which encourages street designs that safely meet the needs of all users and also
protects and preserves the community’s environment and character. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Page 70 of 84
Ordinance Creating 12.35
“Complete Streets Policy” - 2
Section 1. That a new Chapter 12.35 of the Pasco Municipal Code entitled
“Complete Streets Policy” shall be and hereby is adopted and shall read as follows:
Chapter 12.35
COMPLETE STREETS POLICY
Sections:
12.35.010 Purpose.
12.35.020 Definitions.
12.35.030 Implementation.
12.35.040 Exceptions.
12.35.050 Best Practice Criteria.
12.35.010 PURPOSE. The purpose of the “Complete Streets Policy” is to, the
maximum extent practical, consider all users of the right-of-way, including pedestrians,
bicyclists, motorists, emergency responders, freight carriers, and all public transportation users
in planning, design, construction, operation and maintenance of all of the City’s transportation
improvement projects. The Complete Streets Policy is intended to increase the overall safety of
the community, as well as supporting the economy and desirability of the City as a place to live
and to conduct business. This policy affirms Pasco’s commitment to the safety and health of its
citizens.
12.35.020 DEFINITIONS.
A) “Complete Streets” means a roadway that is designed to be safe, accessible, and
functional for all users of the City’s rights-of-way regardless of age or ability, with the goals of:
1) Promoting healthy communities by encouraging walking, bicycling, and
using public transportation;
2) Improving safety by designing major arterials to include features such as
wider sidewalks, dedicated bicycle facilities, medians, and pedestrian streetscape
features, including trees where appropriate;
3) Protecting the environment and reducing congestion by providing safe
alternatives to single-occupancy driving; and
4) Preserving community character by involving local citizens and
stakeholders to participate in planning and design decisions.
B) “Complete Street Infrastructure” means design features that contribute to a safe,
convenient, or comfortable travel experience for users, including but not limited to features such
as: sidewalks; shared use paths; bicycle lanes; automobile lanes; paved shoulders; street trees
and landscaping; planting strips; curbs; accessible curb ramps; crosswalks; refuge islands;
Page 71 of 84
Ordinance Creating 12.35
“Complete Streets Policy” - 3
pedestrian and traffic signals, including countdown and accessible signals; signage; street
furniture; bicycle parking facilities; traffic calming devices such as rotary circles, traffic bumps,
and surface treatments such as paving blocks, textured asphalt, and concrete; narrow vehicle
lanes; and raised medians.
C) “Street” means any public right-of-way, including arterials, connectors, alleys,
ways, lanes, and roadways by any other designation, as well as bridges, tunnels, and any other
portions of the transportation network, that is open for use by the general traveling public.
D) “Street Project” means the construction, reconstruction, retrofit, maintenance,
alteration or repair of any street. This includes planning, design, approval, and implementation
processes, except minor routine upkeep such as cleaning, sweeping, mowing, spot repair, or
interim measures.
E) “Users” means vehicles or individuals that use streets. This includes pedestrians,
cyclists, trucks, automobiles, emergency vehicles, transit vehicles and rides, and people of all
ages and abilities including children, youth, families, older adults, and people with disabilities.
15.35.030 IMPLEMENTATION.
A) All street projects including new construction, reconstruction, retrofit, and
rehabilitation shall include Complete Streets infrastructure elements as defined in PMC
15.35.020(B) to create an interconnected, integrated network of inclusive facilities.
B) The implementation of various Complete Streets elements will utilize the best
practices design criteria. The design of Complete Streets components to be implemented shall be
based upon a context sensitive approach recognizing that transportation needs vary, considering
the street’s existing conditions, the present as well as future needs of all right-of-way users,
consistent with sound engineering principles.
C) This policy will also be implemented through the development of various
transportation plans for the City. These plans include the Transportation System Master Plan,
Bicycle and Pedestrian Master Plan, and the Comprehensive Plan.
12.35.040 EXCEPTIONS. Complete Streets implementation shall not be required
when:
A) A documented absence of current or future need exists.
B) Non-motorized uses are prohibited by law.
C) The cost of accommodation is excessively disproportionate to the need or
probable use, or is more than twenty percent (20%) of the project cost.
Page 72 of 84
Ordinance Creating 12.35
“Complete Streets Policy” - 4
D) The accommodation is not physically feasible (i.e. project currently slated for or
in construction or areas where there is not sufficient available space to construct the
accommodation).
E) When in the discretion of the Public Works Director has determined that
application of the Complete Streets principles are unnecessary or inappropriate due to:
1) Application would be contrary to public safety.
2) Result in significant adverse environmental impacts.
3) Be contrary to the Transportation Element of the Comprehensive Plan.
The Transportation System Master Plan, or the Bicycle and Pedestrian Master Plan.
4) Where their inclusion is small, isolated project creating a short section of
improvements which are unlikely to be extended in a timely manner, therefore, not
furthering the purpose of the Complete Streets networks.
5) Other projects that implementation would be adverse to the City’s best
interest.
12.35.050 BEST PRACTICE CRITERIA. The Public Works Director shall modify,
develop, and adopt policies, design criteria, standards and guidelines based upon recognized best
practices in street design, construction and operations including, but not limited to, the latest
editions of American Association of State Transportation Officials (AASHTO), Institute of
Transportation Engineers (ITE), and National Association of City Transportation Officials
(NACTO) guidelines and standards, while reflecting the context and character of the surrounding
built and natural environment and enhancing the appearance of such.
Section 2. This Ordinance shall take full force and effect five days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this ____ day of _________________, 2018.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 73 of 84
Complete Streets
Frequently Asked Questions (FAQs)
What is Complete Streets?
Complete Streets:
- Is a high-level policy direction
- Changes the everyday decision-making processes and systems
- Represents an incremental approach
Complete Streets is NOT:
- One “special” street project
- A design prescription
- A mandate for immediate retrofit
- A silver bullet: other issues must be addressed
o Land use (proximity, mixed-use)
o Environmental concerns
o Transportation Demand Management
Don’t we already do that?
Essentially, yes. When a project is designed, transportation of all kinds should be, and is one of the
considerations. This policy formalizes a thoughtful design process that includes all users.
How much will it cost?
Costs vary, but if we’re doing this right, it’ll be included in our transportation and capital improvement
projects, based on comprehensive plan guidance.
Do I have to build a sidewalk?
This is not a policy that requires everyone to build a sidewalk in front of their home this weekend.
When appropriate, however, sidewalks will continue to be required of development and included in city
projects.
Page 74 of 84
AGENDA REPORT
FOR: City Council June 5, 2017
TO: Dave Zabell, City Manager
Steve M. Worley, Public Works Director
Workshop Meeting: 6/11/18
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Six-Year Transportation Improvement Program 2019-2024
I. REFERENCE(S):
2019-2024 Six-Year Transportation Improvement Program
Project Map
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Washington cities and counties are required annually to update the Six -Year
Transportation Improvement Program (TIP). Update of the TIP is necessary to qualify
for federal and state funding. The proposed plan update includes small and large
projects varying from street overlays, street widening, intersection improvements, to
ADA improvements to pedestrian facilities. These projects are included in the project
list and are depicted on the project map.
The proposed TIP update represents those projects that are anticipated to be needed
within six years. Projects will be coordinated with utility projects and timing may be
adjusted accordingly.
Update of the TIP and subsequent submission to the State are statutory requirements,
and while our local program is not required to be fiscally constrained, the program
Page 75 of 84
should be reasonable and realistic. The Council will see these projects again,
incorporated with the annual Six-Year Capital Improvement Plan and the annual
budgeting process in the coming months.
V. DISCUSSION:
The Plan is being presented to Council for questions and discussion. This plan will be
modified per Council direction and then, consistent with State statute, presented to the
public in the form of a public hearing on June 18, 2018.
The program will be submitted to the State after the public hearing.
Page 76 of 84
RESOLUTION NO. _________
A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain and
Bridge Programs for the City of Pasco for the years 2019-2024.
WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive
Street Program of each city and town, after public hearing thereon; and
WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and
Bridge Programs; and NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO that the City
Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive Street,
Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled “Six-Year
Transportation Improvement Program 2019-2024” incorporated by this reference as though fully set
forth herein; and
Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs shall
be filed with the Benton-Franklin Council of Governments and the State of Washington.
PASSED by the City Council of the City of Pasco this 18th day of June, 2018.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 77 of 84
2019 Six Year Transportation Improvement ProgramProj. #Project Name# on MapRoad Name or Number Begin & End TerminiPE ROW ConstructionFunding Secured?2019 2020 2021 2022 2023 2024n/aAnnual Pavement Preservation Programn/a various various‐‐4,500,000.00$ yes 750,000.00$ 750,000.00$ 750,000.00$ 750,000.00$ 750,000.00$ 750,000.00$ 12001‐Argent Road Improvements (Rd 44 to 20th Ave)3 Argent Road Road 44 to 20th Ave 100,000.00$ 850,000.00$ 6,000,000.00$ partial 100,000.00$ 850,000.00$ 6,000,000.00$ n/a‐Burns Road (Road 52 to Foster Wells Road)4 Burns RoadRoad 52 to Foster Wells Road250,000.00$ 200,000.00$ ‐no 450,000.00$ n/a‐Burns Road (Road 68 to Convention Drive)5 Burns RoadRoad 68 to Convention Drive100,000.00$ 100,000.00$ ‐no 200,000.00$ 15013‐Chapel Hill Boulevard Extension6Chapel Hill BoulevardRoad 84 to Road 68 110,000.00$ 50,000.00$ ‐no 160,000.00$ 16014‐Citywide Traffic Signal Controller Upgrades ‐ Phase 2n/a various various‐300,000.00$ 3,000,000.00$ yes 1,800,000.00$ 1,500,000.00$ n/a‐Court Street & Road 68 Intersection Improvements23 Court Street Road 68 60,000.00$ ‐ ‐no 60,000.00$ 17012‐Crescent Road8 Crescent RoadRoad 108 to Chapel Hill Blvd45,000.00$ ‐355,000.00$ no 400,000.00$ 16010‐James Street Improvements9 James Street Oregon Avenue to cul‐de‐sac‐‐420,000.00$ no 420,000.00$ 13007‐Lewis Street Overpass10 Lewis StreetOregon Ave to 2nd Ave600,000.00$ 700,000.00$ 24,500,000.00$ partial 1,300,000.00$ 15,500,000.00$ 9,000,000.00$ 12003‐Oregon Avenue (SR 397) Corridor Improvements ‐ Phase 211Oregon Avenue (US 397)Ainsworth to A Street‐200,000.00$ 2,530,000.00$ no2,730,000.00$ n/a‐Pedestrian Walkway on Road 68 Overpass12 Road 68Chapel Hill Blvd to Burden Blvd250,000.00$ ‐1,000,000.00$ no1,250,000.00$ n/a‐Pedestrian Walkway on Sylvester Street Overpass13 Sylvester Street 32nd Ave to 28th Ave 300,000.00$ ‐1,200,000.00$ no1,500,000.00$ n/a‐Road 100 Widening14 Road 100Court Street to Chapel Hill120,000.00$ ‐1,100,000.00$ no1,220,000.00$ 13005‐Road 68 Interchange Improvements21 Road 68 I‐182 to Sandifur 358,313.00$ ‐572,682.00$ yes 930,995.00$ n/a‐Road 68 Widening ‐ South of I‐18215 Road 68 Argent Road to I‐182 250,000.00$ ‐600,000.00$ no850,000.00$ n/a‐Road 76 Overpass 16 Road 76Chapel Hill Blvd to Burden Blvd500,000.00$ 720,000.00$ 1,200,000.00$ no2,420,000.00$ n/a‐Sacajawea Heritage Trail/Levee Lowering17Sacajawea Heritage TrailRoad 72 to Road 52 65,000.00$ ‐850,000.00$ no 915,000.00$ 15010‐Sandifur Parkway Widening (Convention to Road 68)18 Sandifur ParkwayConvention to Road 6850,000.00$ 35,000.00$ 250,000.00$ no 335,000.00$ 17001‐Sandifur Parkway Widening (Rd 60 to Rd 52)19 Sandifur Parkway Road 60 to Road 52 50,000.00$ ‐450,000.00$ no 500,000.00$ 16017‐Transportation System Master Plann/a Citywide various 300,000.00$ ‐ ‐no 300,000.00$ 15009‐Wrigley Drive Extension22 Wrigley DriveClemente Lane to Convention Drive40,000.00$ 20,000.00$ 200,000.00$ no 260,000.00$ 2019 2020 2021 2022 2023 20246,020,995.00$ 19,200,000.00$ 17,175,000.00$ 1,585,000.00$ 5,550,000.00$ 5,920,000.00$ Page 78 of 84
YEAR 2019 - 2024SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAMCITY OF PASCO Page 79 of 84
AGENDA REPORT
FOR: City Council June 6, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 6/11/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Draft Council Goals for 2018-2019
I. REFERENCE(S):
Proposed Goals 2018-2019
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion; Provide Direction to Staff
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Council met in retreat to consider goals for the 2018-2019 biennium on May 18 and 19.
Based on the information received from public meetings, a citizen survey, partner
agencies and senior staff reports, Council provided ranking and guidance for
developing the goals for the next two years.
The attached draft, provided in redline version (comparing the 2016-2017 goals), plus a
clean draft are offered for Council discussion and direction.
V. DISCUSSION:
When Council has consensus on the format and wording, staff will prepare a resolution
for formal adoption.
Page 80 of 84
DRAFT COUNCIL GOALS
2018-2019
QUALITY OF LIFE. Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure by:
Use of CDBG and other public and private capital to re-revitalize older neighborhoods.
Continued efforts to designate/acquire Acquisition of an adequate site for new community center and, community park.
Continued efforts to provide and additional soccer fields.
Coordination with the Pasco Public Facilities District on investigation of the feasibility of constructing/maintaining an
aquatic/community recreation facility.
Maintaining coordination with the Regional Public Facilities District on a possible “grand bargain” approach to regional
public facilities.
Commencement of mpletion of site designation process and interlocal agreements on construction and operation of new
animal control facility.
Ongoing efforts to improve Eefficiencyt and effectiveness in the use of public resources in the delivery of municipal
services, programs and long-term maintenance and viability of public facilities
FINANCIAL SUSTAINABILITY. Enhance evaluate the long-term financial viability, value and service levels of services and
programs, including:
Importance to community
Continuation of cost of service/recovery targets in evaluating City services.
Ongoing Eevaluation of costs associated with delivery including staffing, facilities and partnership opportunities.
COMMUNITY SAFETY. Preserve past improvements and promote future gains by:
Enhancing proactive community policing efforts.
Continued efforts to improve police/community relations.
Working to achieve/maintain/achieve target fire response times through operational improvements and long-range planning
of facilities and staffing.
Focus on a long-term goal of improving the Washington State Ratings Bureau community rating to Class 4 .
Efforts to realize full implementation of a consolidated PSAP/dispatch center
Review of the inventories of City sidewalks and streetlight systems and consideration of policies/methods to address needs.
COMMUNITY MULTI-MODAL TRANSPORTATION NETWORK. Promote a highly-functional transportation network
through:
Completion of the Lewis Street Overpass design concept process, securing gap funding for construction and achievement
and maintenance of “shovel-ready” status.
Continued emphasis on improvements inCompletion of Road 68/I-182/Burden Blvd. corridor. Interchange improvements
Efforts to facilitate traffic flow in major corridors .
Pro-active traffic management (calming) within neighborhoods.
Completion of planned improvements on Oregon Avenue.
Continued Ccollaboration with Ben-Franklin Transit to enhance mobility.
Undertaking a Ccomprehensive and inclusive transportation planning and, analysis process to include facilitation of traffic
flow in major corridors,and supportexecution on integration of pedestrian, bicycle and other non-vehicular means of
transportation.
ECONOMIC VITALITY. Promote and encourage economic vitality by supporting:
Downtown revitalization efforts of DPDA.
Implementation of downtown infrastructure improvements including; Peanuts Park, Farmers Market, Pasco Specialty
Kitchen and streetscape/gateway upgrades.
Comprehensive Plan updates to include growth management strategies, review of City utility extension policies and
development standards, infill and consideration of affordable housing needs.
Completion of the Broadmoor sub-area plan and environmental analysis, including plans for needed utilit ies and
transportation improvements.
Formatted: Not Small caps, Shadow
Page 81 of 84
Increased Eefforts to promote the community as a desirable place for commercial and industrial development – including
small business outreach and assistance and predictability in project review.strengthening existing partnerships and
coordinating efforts
Continuation of DNR efforts to encourage DNR to sell/develop remaining state property at Road 68/I-182.
Identification of alternatives for City/Port of Pasco and other regional partners for coordination on waterfront plan
implementation and similar projects.
COMMUNITY IDENTITY. Identify opportunities to enhance community identity, cohesion and image through:
Community surveying
Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media,
forums and other outlets
Coordinated messaging
Identification and celebration of successes
Implementation of a community identity/image enhancement campaign
Page 82 of 84
COUNCIL GOALS
2018-2019
QUALITY OF LIFE. Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure by:
Use of CDBG and other public and private capital to re-revitalize older neighborhoods.
Continued efforts to designate/acquire adequate site for new community center and community park.
Continued efforts to provide additional soccer fields.
Coordination with the Pasco Public Facilities District on investigation of the feasibility of constructing/maintaining an
aquatic/community recreation facility.
Maintaining coordination with the Regional Public Facilities District on a possible “grand bargain” approach to regional
public facilities.
Commencement of construction and operation of new animal control facility.
Ongoing efforts to improve efficiency and effectiveness in the use of public resources in the delivery of municipal services,
programs and long-term maintenance and viability of public facilities
FINANCIAL SUSTAINABILITY. Enhance the long-term financial viability, value and service levels of services and programs,
including:
Importance to community
Continuation of cost of service/recovery targets in evaluating City services.
Ongoing evaluation of costs associated with delivery including staffing, facilities and partnership opportunities.
COMMUNITY SAFETY. Preserve past improvements and promote future gains by:
Enhancing proactive community policing efforts.
Continued efforts to improve police/community relations.
Working to achieve/maintain target fire response times through operational improvements and long-range planning of
facilities and staffing.
Focus on a long-term goal of improving the Washington State Ratings Bureau community rating to Class 4 .
Review of the inventories of City sidewalks and streetlight systems and consideration of policies/methods to address needs.
COMMUNITY TRANSPORTATION NETWORK. Promote a highly-functional transportation network through:
Completion of the Lewis Street Overpass design concept process, securing gap funding for construction and achievement
of “shovel-ready” status.
Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor.
Pro-active traffic management (calming) within neighborhoods.
Continued collaboration with Ben-Franklin Transit to enhance mobility.
Undertaking a comprehensive and inclusive transportation planning and analysis process to include facilitation of traffic
flow in major corridors, support integration of pedestrian, bicycle and other non-vehicular means of transportation.
ECONOMIC VITALITY. Promote and encourage economic vitality by supporting:
Downtown revitalization efforts of DPDA.
Implementation of downtown infrastructure improvements including; Peanuts Park, Farmers Market, and
streetscape/gateway upgrades.
Comprehensive Plan updates to include growth management strategies, review of City utility extension policies and
development standards, infill and consideration of affordable housing needs.
Completion of the Broadmoor sub-area plan and environmental analysis, including plans for needed utilities and
transportation improvements.
Increased efforts to promote the community as a desirable place for commercial and industrial development – including
small business outreach and assistance and predictability in project review.
Continuation of efforts to encourage DNR to sell/develop remaining state property at Road 68/I-182.
Identification of alternatives for City/Port of Pasco and other regional partners for coordination on waterfront plan
implementation and similar projects.
Page 83 of 84
COMMUNITY IDENTITY. Identify opportunities to enhance community identity, cohesion and image through:
Community surveying
Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media,
forums and other outlets
Coordinated messaging
Identification and celebration of successes
Implementation of a community identity/image enhancement campaign
Page 84 of 84